Nyeri governor’s election upheld

By Job Weru

Nyeri, Kenya: Nyeri Governor Nderitu Gachagua has managed to surmount one of the challenges facing him since his election in March.

Monday, Nyeri High Court dismissed a poll petition filed against him by his rival Thuo Mathenge.

But as the petition was dismissed Monday, Gachagua has to endure another hurdle in form of an impeachment motion pending before the Nyeri County Assembly.

It was song and dance after High Court Judge Justice James Wakiaga upheld Gachagua's election.

Gachagua, who was represented in the petition by lawyer Njoroge Regeru left the court a happy man, as supporters who jammed the packed courtroom burst into celebrations after Justice Wakiaga finished the ruling that took about two hours.

The supporters, most of whom were restrained by a contingent of armed riot police from accessing the court compound burst into songs that praised Gachagua. The group also had a road show in a lorry that rode around Nyeri town streets alongside the supporters.

Mathenge had argued that IEBC indicated his running mate as Geoffrey Gitonga Ndegwa instead of Geoffrey Kamau Kibui, a misrepresentation which cost him votes.

Academic qualification

The petitioner surprised the court during hearings, when he claimed that he did not even vote for himself after realising that his running mate’s name was erroneous.

But Mathenge was on the receiving end on Monday with the judge directing the Director of Public Prosecution to open a probe on how he got his degree.

Wakiaga imposed a judicial order to the DPP to institute investigations into validity of the degree, which he alleged was awarded to him by Ugandan-based, Fairland University.

Gachagua had opposed the petition, claiming the deputy governor is elected indirectly, while the ballot paper had other features like name of the Governor, who is elected directly, his photograph and those of the party he is vying on.

In his ruling, Wakiaga noted that misrepresentation of the names of the running mate in the ballot paper could not have affected the outcome of the results, since the ballot also had other features, especially name of the Governor, his photo, party name and symbol among others.

“I find that the misrepresentation of names could not have influenced the voters to vote for another person. I therefore find that Nyeri Governor (Gachagua), was fairly and validly elected and the matter is dismissed,” Wakiaga noted.