, MALINDI, Kenya, Nov 27 – The Court of Appeal in Malindi has reinstated Khatib Mwashetani as the validly elected MP for Lungalunga Constituency.
Subsequently, the Independent Electoral and Boundaries Commission (IEBC) has cancelled a by-election that was due to be held there on Monday.
Appellate Judge Hannah Okwengu read the verdict of the court on Wednesday that Mwashetani’s victory during the March 4 polls was conducted under a free and fair environment.
Mwashetani who was present in the court later told his supporters that he will embark of delivering his election pledges adding he was encouraged by the support he got from his constituents.
“I would like to thank the Court for its ruling because they have respected the will of the people,” he said as he addressed the journalists and his supporters outside the court buildings.
Mwashetani added: “I also thank my people of Lungalunga because they had shown a willingness to re-elect me to represent them (in the National Assembly) and it is this assurance that I carry along with me as I execute my duties as their duly elected MP.”
Mwashetani (of the Orange Democratic Movement) had lost the seat after a successful petition filed by The National Alliance’s (TNA) Benson Mutisya.
He however appealed the decision of the High Court through his lawyer Mohammed Balala, challenging the ruling by Justice Vincent Odunga delivered on September 26.
Judge Odunga ruled that there were irregularities that impeached the credibility of the poll.
He, however, dismissed allegations of voter bribery made by petitioners Gideon Wambua and Hassan Charo.