Supreme Court judges are set to make a ruling on an appeal made by Machakos Governor Alfred Mutua, over the nullification of his 2017 election by an appellate judge.
Mutua through his lawyer Kioko KilukumI, while arguing before the Supreme Court today, maintained that he won the election and faulted the Court of Appeal for nullifying his election on a “slight” technicality.
“There was no finding by the trial court that the data was fraudulent, inflated or otherwise fictitious. All the forms were signed by among others, Wiper agents,” Mr Kilukumi.
The Supreme Court judges will give their decision upon notifying the parties.
Court of appeal judges Justices William Ouko, Mohamed Warsame and Gatembu Kairu nullified Mutua’s election in June overturning a high court decision that had in February dismissed Wavinya Ndeti’s petition on grounds that it lacked merit and went ahead to slap the former Kathiani MP with SH 10M fine in legal fees.
The three judges faulted the returning officer for using the wrong form.
Wavinya Ndeti appealed the decision through his lawyer Ahmed Nassir and the court ruled in her favour.
Mutua faulted the ruling and moved to supreme court to challenge it.
Wavinya has been seeking to have Mutua’s election nullified on grounds that the Machakos gubernatorial elections were marred by massive irregularities.
IEBC declared Mutua winner after he garnered 238,405 votes against Wavinya’s 199,257.