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High Court dismisses petition challenging election of Governor Mutua

By Mercy Asamba | Published Fri, February 9th 2018 at 11:22, Updated February 9th 2018 at 15:02 GMT +3

Machakos town exploded into song and dance after Machakos High Court  upheld the election of Governor Alfred Mutua on Friday.

Justice Aggrey Muchelule ruled that the petition lodged by Wavinya Ndeti lacked merit.

“The petition lacks merit…the Independent Electoral and Boundaries Commission (IEBC) conducted a free, fair and credible election,” said Judge Muchelule.

The former Kathiani MP was ordered to pay Sh10 million in costs.

Governor Mutua, who is now serving his final term, welcomed the  verdict and declared his interest in running for the presidency in 2022.

Ndeti had alleged that the Machakos governor's election was marred with irregularities and that IEBC erroneously declared Mutua the winner of the Governor seat.

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Her case was that Governor Mutua used county resources including vehicles and funds to campaign for his re-election, contravening election laws and therefore wanted the court to nullify Mutua’s win and order a fresh election.

In his defence, Mutua had asked a court to throw out the petition. The governor, who had vied on a Maendeleo Chap Chap party ticket, denied allegations of illegalities by Ndeti, who had insisted he was not elected validly.

During cross-examination by Ndeti’s lawyer, Mutua had also denied claims he used county government resources to campaign.

“I was not responsible for appointing party agents; that was the party secretariat,” Mutua had told the court.

Mutua polled 249,954 votes against Ndeti’s 209,233 in the August 8 General Election.

The Judge in his ruling stated that Wavinya’s petition lacked solid evidence thus throwing out the case against Mutua.

Justice Muchelule said he had found the Machakos race was free, fair and in accordance with election rules.

He said the petitioner had failed to prove allegations of illegalities and irregularities in the election.

The judge cited  several incidents where the petitioner had failed to provide witnesses inspite of  submitting serious allegations.

An upbeat Dr Mutua called the victory God's and thanked his family as well as what he called the nationwide Maendeleo Chap Chap family for standing by him.

Dr Mutua’s legal team comprised Waweru Gatonye, Ben Musau and Nyamu Mati.

In regard to his 2022 plans, Governor Mutua said: “Today is a declaration that the journey to Statehouse is on and in 2022 I will vie and by God's grace win to become the 5th President of the Republic of Kenya.

He added:  "My people of Ukambani, of Machakos, Makueni and Kitui, I am ready and able to bring the seat of Presidency to Ukambani. To the great people of Kenya, the time for fresh leadership that is non tribal, clean, visionary, creative, energetic and with a new way of doing things is here with us. I am ready to serve you.”


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