Court dismisses petitioners application on Maendeleo ya Wanawake elections

MACHAKOS, KENYA: A Machakos High Court on Monday dismissed a petition filed  to nullify the elections of Maendeleo ya Wanawake Organization held in the county last week.

This comes after the organization’s national elections were held over the weekend.

Five petitioners led by Catherine Ndunge Nzioka, had applied for orders seeking the stoppage of the elections and also nullification of the results of the same arguing that the exercise had been flawed.

However, earlier orders issued to stop the elections held last week  arrived late after Francisca Mutinda had already been announced the winner.

But giving her rulling, Justice Lilian Mutende, pointed out that since those elected in the exercise were not enjoined in the suit there is no way she could nullify the results.

''This is so because doing it is to interfere with their constitutional rights without informing and according them chance to defend themselves of the happenings'' she said.

Justice Mutende said the already elected officials could be negatively affected without their knowledge if the elections were nullified which is against their rights.

The petitioners had sued the Machakos county commissioner Ann Gakuria, Mwala, and Kathiani district officers .Also Maendeleo ya Wanawake election board was inco-operated in the suit as respondents.

The petitioners had also pleaded with the court to order for fresh elections in the entire county since the previous exercise had been marred by malpractices and irregularities.

They claimed some of the participants used fake membership cards while some of those eligible in the elections were locked out unfairly.