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Kivuti to challenge Wambora election at the Supreme Court

By Nderitu Gichure | Published Fri, August 24th 2018 at 00:00, Updated August 23rd 2018 at 23:42 GMT +3
Former Embu Senator Lenny Kivuti. [Joseph Muchiri/Standard]

Former senator Lenny Kivuti (pictured) has said he will appeal his election loss in the Supreme Court.

This comes after the Court of Appeal last week upheld Governor Martin Wambora's poll win and ruled that irregularities cited by Mr Kivuti could not be attributed to the governor.

In his notice to appeal filed in Nyeri yesterday, Kivuti said he was dissatisfied with the court's judgement, which overturned a High Court decision to nullify Wambora's re-election.

“I intend to appeal to the Supreme Court against the decision by appellate judges William Ouko, Daniel Musinga and Fatuma Sichale,” Kivuti said.

In February, Justice William Musyoka nullified Wambora’s election, citing "massive irregularities that compromised the integrity of the process" following a vote recount and ballot scrutiny.

Wambora appealed and the three-judge bench held that he could not be penalised for the errors that marred the poll.

“The burden of proof was not discharged by the petitioner and therefore the High Court erred in invalidating Martin Wambora’s election as Governor of Embu County,” the judges ruled. They also found that the High Court relied on evidence not presented in court.

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