NAIROBI, KENYA: Supreme Court on Wednesday reversed Court of Appeal decision that nullified Governor Nathif Jama election for Garissa County saying irregularities did not affect general results.
"We are in agreement with trial Judge on the basis of all evidence brought before the court, the proven irregularities did not have effect of vitiating the election outcome," said Supreme Court.
In a unanimous decision of Supreme Court Judges, Judge Willy Mutunga said the voices of voters of Garissa county have been sounded clearly and the court agrees with the trial Judge that the winner of the Gubernatorial election of March 4 2013 is beckoning unequivocally.
The court in the foregoing analysis of meritorious submission of counsel Ahmed Nassir Abdulahi issued an order annulling the judgement of Court of Appeal sitting in Nairobi dated 23 April which had annulled the Governor's election.
The parties shall bear their own cost at the High Court and Supreme Court. The petitioner, Abdikahim Osman Mohamed was ordered to bear his own cost at the Court of Appeal and Nathif’s expenses at Court of Appeal.
The court of appeal sitting in Nairobi nullified election of garissa county governor Nadhif Jama in April and ruled the poll was not free and fair.
The court further said the high court should have ordered for scrutiny of votes. The appeal was filed by the petitioners abdikahim osman Mohamed and Sahal Nuno after the high court dismissed their case in September last year and upheld Jama’s election.