Mutua remains Machakos Governor, court rules

September 17, 2013 12:42 pm
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Dr Mutua, seen here in a previous picture, won a petition lodged against his election on Tuesday. Photo/ FILE
Dr Mutua, seen here in a previous picture, won a petition lodged against his election on Tuesday. Photo/ FILE

, MACHAKOS, Kenya, Sept 17 – Machakos Governor Alfred Mutua on Tuesday survived an election petition filed by his competitor Wavinya Ndeti.

Ndeti, a former Kathiani MP, was ordered to pay the petition costs amounting to Sh4.5 million after failing to prove irregularities in the election.

In his ruling, Justice David Majanja said evidence adduced by the petitioner did not prove the election was fraudulent.

Ndeti had urged the court to nullify Mutua’s election as Machakos Governor on grounds that he was not validly elected citing massive electoral malpractices.

The former Youth Affairs Assistant Minister who was present during the judgment had argued Mutua was not validly elected citing errors in Forms 35 which Justice Majanja dismissed saying they were not substantial to alter the final result.

Ndeti had alleged that there were cases of excessive votes cast in some polling stations in favour of Mutua.

The petitioner also claimed that Mutua emblazoned his campaign posters on ways, paths and roads leading to polling stations on the election day in breach of the Election Act and Code of Conduct.

Mutua was accompanied to court by his deputy Bernard Kiala, the entire county executive committee and a host of supporters.

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