, NAIROBI, Kenya, Jun 11 – Machakos Governor Alfred Mutua is Monday expected to file an appeal at the Supreme Court challenging last week’s Court of Appeal decision that nullified his election.
The embattled governor says the ruling rendered by the three-judge bench was unfair and did not meet the constitutional threshold for his victory to be nullified.
His competitor Wavinya Ndeti who successfully won the appeal, has since chided Mutua to avoid another court process and instead square it out at the ballot.
The judges ruled that the election results as declared by the Independent Electoral and Boundaries Commission failed the constitutional test and could not be verified.
In her petition, Ndeti had argued that the Independent Electoral and Boundaries Commission (IEBC) erroneously declared Mutua the winner.
Ndeti, who unsuccessfully contested the seat on a Wiper party ticket, further claimed that Mutua used county resources – including vehicles and funds to campaign for his re-election, contrary to laws governing elections.
Ndeti wanted Mutua’s re-election nullified and a fresh gubernatorial poll ordered by the court.