, MALINDI, Kenya, Nov 21 – Issa Timamy has regained his Lamu Governor’s seat after Court of Appeal sitting in Malindi overturned the nullification of his March 4 election.
A three-judge bench comprising of Appellate judges Hannah Okwengu, Asike Makhandia and Fatuma Sichale ruled that Timamy was validly elected as governor of Lamu County.
The Court of Appeal disagreed with a September 27 ruling by High Court judge Florence Mucheni who revoked Timamy’s win saying the election was marred with a lot of irregularities and directed a fresh election.
In their ruling, the Appellate judges noted the grounds for nullification given by the High Court in its verdict could not hold.
The ruling by the Court of Appeals means a by-election slated for December 2 will not take place.
Campaigns for the seat were already underway where Timamy who is running on a UDF ticket was to face off with The National Alliance’s (TNA) Fahim Twaha.
Timamy has welcomed the court verdict and has appealed to Twaha to join him in developing Lamu County.
The judge made the ruling in a petition filed by the poll loser Twaha who had requested the election be nullified because it was marred by chaos and rigging.
Twaha had challenged Timamy’s win saying the Independent Electoral and Boundaries Commission (IEBC) did not announce the number of votes the winner had garnered.
He testified how the Deputy Presiding Officer was found in a cyber café within Lamu town altering form 35 in favour of Timamy.
The Deputy Presiding Officer has since been convicted and sentenced to serve three years in prison.