, NAIROBI, Kenya, Jun 28 – The Court of Appeal has upheld the election of Charity Ngilu as Kitui Governor.
A petition challenging her win had been lodged by former Kitui Governor Julius Makau Malombe but it was thrown out for lacking merit by the High Court.
Malombe however appealed the decision to dismiss his election petition early this year.
In his appeal, he said he was dissatisfied with Justice Pauline Nyamweya’s ruling and wanted it set aside and the governor’s election invalidated.
Malombe also pointed out that the ruling was delivered by a judge who is not gazetted to handle election petitions after Justice John Mativo read it on behalf by Lady Justice Nyamweya who was said to have been unwell at the time.
According to his lawyer Apollo Muinde, Justice Mativo is not among the list of High Court Judges gazetted by the Chief Justice to hear petitions and therefore should not have been allowed to read the judgment.
Muinde also claimed that the ruling had errors.
He said it indicated the election petition was about the Kitui East Constituency instead of Kitui County.