The Court of Appeal has nullified the election of Machakos governor Alfred Mutua following a petition lodged by his rival in the 2017 elections, Wavinya Ndeti.
“Very happy for my client Hon Wavinya Ndeti for her victory…one of the best cases I prosecuted at the Court of Appeal,” said lawyer Ahmed Nassir in a tweet.
Mutua has said that the Court of Appeal misunderstood the case and he will move to the Supreme court to challenge the ruling.
“It is very clear that the Court of Appeal misunderstood the whole case. The had some findings that are not clear where they got them from- they look like factual errors,” Mutua said.
The High Court 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.
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.
APPEAL COURT UPHOLDS BABU OWINO ELECTION
The Appellate Court has also upheld the elction of Babu Owino as Embakasi East MP.
Justice Joseph Sergon had in March nullified Owino’s election on grounds that the elections were not free and fair.
Sergon also ordered Babu to pay Sh5million as legal costs to the petitioner Francis Mureithi.