Pockets of cheers and celebration broke out at Milimani Law Courts in Nairobi when Judge Hedwig Ong’undi affirmed Garissa Township MP Aden Duale’s election.
The High Court judge dismissed the petition filed by Duale’s political nemesis Farah Maalim for lacking sufficient evidence.
Judge Ong’udi ruled that Duale was validly elected and that claims that some voters were denied a chance to vote was untrue.
The former National Assembly Deputy Speaker Maalim who had citied cases of voter bribery and improper transmission of results, will foot a Sh6 million costs bill for the petition.
The money will be shared equally between the Aden Duale and Independent Electoral and Boundaries Commission (IEBC).
In October 2017, the court allowed allowed Maalim to access all the information contained in the Kenya Integrated Elections Management System kits.
According to IEBC results, Duale garnered 22,587 votes against Maalim’s 14,897 votes
“It is a good day for the people of Garissa and I want to thank all the people who prayed for us. It has been proven beyond reasonable doubt that the will of the Garissa has been upheld by the court,” Duale said outside the court room.
Duale who has been a vocal and ardent defender of the President Uhuru administration remained largely quiet during the trial of his petition.
However, in a series of Tweet; Duale thanked his legal team headed lawyer Ahmed Nasir, saying Allah had revealed the truth.
“No evidence to support the allegations put across by the petitioner since they were baseless, this is after a lengthy deliberation on the evidence presented before court,” he posted.
Maalim who is the Wiper deputy leader had exuded confidence that the court would nullify the election results.
‘‘We are hoping and praying that the High court will rule in our favor so that we can have fresh, credible elections in Garissa Township,’’ he said during a TV interview yesterday.
He has vowed to appeal the High Court ruling.
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“I respect the Judiciary. I respect the judgement made by the judge. They aren’t always right and they might be wrong and you prove that in another court. I will go to the Court of Appeal to prove that this judgement was flawed,” said Farah Maalim.
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