, MALINDI, Kenya, Sep 26 – The Malindi High Court has nullified the election of Lamu Governor Issa Timamy due to irregularities in the March 4 exercise.
Justice Florence Muchemi declared that the results announced by the Independent Electoral and Boundaries Commission (IEBC) were null and void and ordered for a fresh poll.
She also ordered that the costs of the petition be paid by Timamy and the IEBC to the tune of Sh4 million.
The petition had been filed by voter Swaleh Salim Swaleh Imu and Fahim Twaha who had vied and lost the election.
The two had filed separate petitions which were later consolidated.
During the hearing of the petition the High Court judge consolidated the cases and ordered for scrutiny and recount of votes to verify the alleged anomalies raised by the petitioner.
Justice Muchemi said “The court has thoroughly scrutinised the evidence adduced and is convinced that election were flawed; it declares that the governor was not duly elected and orders a fresh election.”
“The irregularities observed by the court included failure by the Presiding Officer to comply with the election rules, failure by the presiding officer to give copies of forms 35 to the agents, and missing ballot papers among others,” ruled lady Justice Muchemi.