Supreme Court upholds Governor Wambora’s win

Embu Governor Martin Wambora celebrates outside Supreme Court after petition challenging his election as the governor of Embu was dismissed. [Beverlyne Musili/Standard]

Embu County Governor Martin Wambora has won yet another legal battle against his rival Lenny Kivuti, who wanted his election invalidated.

The Supreme Court yesterday found that the petition filed by Mr Kivuti had no merit. It ruled that the will of the people of Embu was in favour of the incumbent, Mr Wambora.

In a judgement read by Justice Mohamed Ibrahim, the Supreme Court ruled that the claims raised by Kivuti did not show there were irregularities in the 2017 gubernatorial race.

“In conclusion, we see no reason to interfere with the decision of the Appeal Court. The appeal is hereby dismissed,” Justice Ibrahim said.

Kivuti, who garnered 96,775 votes against Wambora’s 97,760, first filed the petition at the High Court alleging the election was not free and fair.

Massive irregularities

Justice William Musyoka nullified Wambora’s election, citing “massive irregularities that compromised the integrity of the process” after a vote recount and ballot scrutiny.

After the High Court dislodged Wambora, he went to the Court of Appeal, arguing that the High Court had erred in determining whether the election was free and fair.

He said that the lower court went beyond the prayers Kivuti had put forward.

Kivuti had earlier applied to have the ballot papers and Kenya Integrated Elections Management System (KIEMS) data secured to prevent interference.

The High Court had ordered that all the election materials be put in safe custody and further directed all the parties to put their seals on the ballot boxes to prevent tampering.

Political battles

Wambora argued that Kivuti, while implementing the court order, tampered with the materials.

While agreeing with him, the Court of Appeal bench consisting of justices Fatuma Sichale, William Ouko and Daniel Musinga said minor irregularities did not call for a scrutiny and subsequent recount of votes, a fact that the Supreme Court agreed with.

Wambora is no stranger to legal and political battles. Courts have in the past saved him from impeachment by members of the Embu County Assembly.

Nyamira County Governor John Nyagarama also survived a petition against his victory.

The court dismissed Walter Nyambati’s (Jubilee Party) petition saying it did not meet the criteria needed for the court to determine it.

Mr Nyambati was Mr Nyagarama’s closest rival. He garnered 58,936 votes against the incumbent’s 63,949.