Wiper’s Wavinya Ndeti files petition to challenge Machakos Governor Alfred Mutua’s win

Wavinya Ndeti during a press conference at her secretariat in Mavoko constituency, Machakos county on September 2, 2017. She said that President Uhuru Kenyatta must respect the Supreme Court Judges. Photo: John Muia, Standard

Former Kathiani MP Wavinya Ndeti has gone to court to challenge Machakos Governor Alfred Mutua's win in the elections.

Ndeti, who was accompanied by her lawyers, arrived at the Machakos law courts around 6 pm and headed to the High Court registry, where she presented her 10,000-page affidavit.

The former MP said the documents contain evidence that the election was flawed and that the Independent Electoral and Boundaries Commission (IEBC) irregularly declared Dr Mutua the winner.

Ndeti, who contested the seat on a Wiper ticket, wants the court to overturn Mutua's win.

Mutua, the Maendeleo Chap Chap party leader, garnered 249,954 votes against Ndeti's 209,233, according to the results declared by the county IEBC returning officer, Joyce Wamalwa.

Ndeti alleges that Mutua's win was preceded by massive irregularities. She alleges massive rigging that also led to failure to sign forms 37A, 37B, and 37C, as required by law.

Ndeti also claims there were non-existent polling centres,  culminating in the unlawful declaration of Mutua as the winner of the governorship race.

Lawyer Daniel Maanzo told journalists that Ndeti has at least 10 lawyers who will argue her case against Mutua.

"Senior Counsel Otiende Amollo will lead a pack of nine other legal minds that will be representing Wavinya in this case," said Maanzo, who is also the Makueni MP.

Maanzo said Wavinya's lawyers had gathered sufficient evidence to convince the court to nullify Mutua's win.

"We have water-tight evidence to demonstrate Mutua did not win the election in a free, fair, and transparent manner, as demanded by law," he said.

He added that Wavinya's case against Mutua and IEBC was among the most important election petitions by the opposition coalition NASA, which also won a Supreme Court petition that saw President Uhuru Kenyatta's win against Raila Odinga overturned.

Addressing journalists, Ndeti said she expects justice to be served. Mutua has maintained that he won the election fairly and dismissed claims of irregularities.