, MOMBASA, Kenya, Jul 26 – The Court of Appeal sitting in Mombasa on Thursday upheld the election victory of Nyali MP Mohammed Ali.
The court said the appellant, Daniel Abwao, a voter in Nyali failed to prove allegations levelled against Ali and the Independent Electoral and Boundaries Commission (IEBC) who were listed as respondents in the petition.
Abwao had sued Ali and IEBC on behalf of Said Abdhalla, a cousin to Mombasa Governor Hassan Joho. Abdhalla came in second during the August 8 General Election.
The judges said the elections were carried out in accordance to the Elections Act and the Constitution.
Some of the allegations levelled against Ali were voter intimidation, violence and bribery.
The petitioner had argued that Ali used police to intimidate voters, also used violence and on several occasions was seen bribing voters.
The court found that Ali had been assigned police after formally applying, said the judges. The petitioner also failed to prove the bribery and violence allegations.
The Appeal Court asked the petitioner to pay a total of Sh1 million to Ali and the IEBC.