Voter objects ruling that reinstated Mwashetani

By Paul Gitau

The Court of Appeal in Malindi has allowed a voter from Lunga Lunga constituency to challenge its earlier decision to reinstate Khatib Mwashetani as the Lunga Lunga MP.

Yesterday, Court of Appeal judge Asike Makhandia allowed Gideon Mwangangi Wambua to challenge the three bench judge ruling — under a certificate of urgency — that restored Mwashetani’s March 4 victory after it had been nullified by the High Court in Mombasa on September 26.

Last month, Appelate judges Hannah Okwengu, Fatuma Sichale and Kathurima Minoti overturned an earlier decision by Mombasa High Court Judge George Odunga to nullify Mwashetani’s election.

The judges said the petitioner failed to prove their allegation that voters were induced with money and gifts and that there were no pre-election or post-elections anomalies that affected the outcome of the polls. They said the trial judge erred in nullifying the elections based on allegations that could not be proved.

However, Wambua was not satisfied by the Court of Appeal verdict and went to the same court seeking permission to challenge their judgement at the Supreme Court.

Through his lawyer Jeff Asige, Wambua said the matter was of public interest and wants the Court of Appeal to certify the matter as urgent so that the Supreme Court can give it a priority. “We request the court to allow this application, it involves sovereignty of Lunga Lunga people,” he noted

Business came to a standstill at the Law court as Fomer Lunga Lunga MP Omar Zonga and his supporters celebrated with songs and dance.