The court has ruled that Kidero and his deputy Jonathan Mueke were not validly elected/FILE
Appeal judges GBM Kariuki and Patrick Kiage in a majority ruling declared that both Kidero and his Deputy Jonathan Mueke were not validly elected during the March 4, 2013 General Election.
Justice Mohamed Warsame however dissented.
Kiage dismissed an initial ruling by the High Court and ordered that Kidero pay the costs incurred by Waititu during the appeal.
“The judgement and decree of the High Court given on September 10 is set aside in entirety and hold that the appellants appeal is meritorious and it is upheld.”
“Therefore it is declared that Evans Odhiambo Kidero the 4th respondent herein and his Deputy Jonathan Mueke the 5th respondent were not validly elected on March 4, 2013 as Nairobi Governor and Deputy Governor respectively.”
“The 1 to 5th respondents shall pay the appellants costs in this appeal and of the High Court petition and the 4th and 5th respondents cross petition is dismissed with costs to the appellant,” Kiage ruled.
Kiage said that High Court judge Richard Mwongo failed to order a recount of the votes and further shut out part of the evidence that was given by Waititu’s lawyers during their petition.
“The courts should not condone the absence of evidence as it gives its ruling,” Kiage added.
However Justice Warsame was of a differing opinion saying that Waititu did not provide enough evidence to back his allegations.
“The difference in number of votes between the two was about 70,000. The appellant fails to show how the respondent could have managed to steal by such a large margin.”
“Conduct of the appellant portrays that this is a case of guess work,” Warsame said.
The Court of Appeal judge further termed Waititu as an overzealous son of Embakasi adding that his petition was not precise and contained a lot of material that was unnecessary.
Following the ruling, an elated Waititu said that he was content with the court’s decision promising that he and his team were ready to take on the task in leadership of the county.
“I thank the Judiciary for standing firm to the truth. The Nairobi Governor’s election was stolen and they have upheld that.”
“I promise to work with Nairobians… I will work with everybody; I will make sure that I work with the whole of CORD so that Nairobi can be one.”
“I will make sure I unite the county without a doubt and I know that when elections come, Baba Yao will be there, Baba Yao is still there.”
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