The procedural technicalities in last year’s elections did not warrant the nullification of the Machakos governorship election, the Supreme Court has been told.
Lawyer Kioko Kilukumi, representing Governor Alfred Mutua, yesterday argued that the Court of Appeal erred by dismissing the use of forms 37C that were not prescribed, saying the law allowed some modification.
“All forms 37A, 37B and 37C were signed by Wiper party agents. Signing of electoral documents is not an idle exercise, it must have a significance,” argued Mr Kilukumi.
Dr Mutua’ victory was reversed after his rival, former Kathiani MP Wavinya Ndeti, convinced the Court of Appeal that the Machakos governorship results were manipulated to favour her competitor.
She had appealed after Machakos High Court Judge Aggrey Muchelule ruled that her petition lacked merit and upheld Mutua’s victory.
Lawyers representing Mutua, Independent Electoral and Boundaries Commission (IEBC) and Ms Ndeti faced off during the hearing before a five-bench judge at the Supreme Court in Nairobi.
Chief Justice David Maraga and Justices Njoki Ndung’u, Jackton Ojwang, Mohammed Ibrahim and Isaac Lenaola heard the case.
Court of Appeal
IEBC said the Court of Appeal focused on human errors and overlooked the will of the people.
“The election met the constitutional verifiability test,” said IEBC lawyer Kimani Muhoro.
Through her lawyer, Ahmednasir Abdullahi, Ndeti claimed the results were announced despite the omission of results from 145 polling stations.