In a judgement read by Justice Fatuma Sichale, the Court of the Appeal said they found that Wambora was validly elected after his competitor Lenny Kivuti failed to proof his case/MOSES MUOKI
NAIROBI, Kenya, Aug 17- Just like the proverbial cat with nine lives, Embu Governor Martin Wambora survived the nullification of his victory on Friday.
This is after the Court of Appeal overturned the High Court decision that nullified his win in the 2017 election, affirming that he was validly elected.
In a judgement read by Justice Fatuma Sichale, the Court of the Appeal noted that his competitor Lenny Kivuti of the Maendeleo Chap Chap party failed to prove his case.
The three-bench consisting of Justices Sichale, William Ouko and Daniel Musinga said the minor irregularities adduced did not warrant a scrutiny and subsequent recount of votes.
“Because the appellant was validly elected, we set aside the judgement of the election court rendered on 22nd of February 2018 and the subsequent orders; the cost of this appeal to be met by the first respondent and they are awarded to the appellant, the second, third and fourth respondent, which are to be taxed but they should not exceed the sum of Sh1.5 million,” reads a section of the judgement.
Wambora appealed the ruling on March 20 after High Court Judge William Musyoka found that the results of the candidates were exaggerated thus his order for the recount.
It is a ruling lawyer Ahmednassir Abdullahi, representing Wambora, said rectified what he termed as an error committed by the High Court.
“The margin was small but there was no doubt that Governor Wambora won by getting the highest number of votes,” he said.
With the judgement, the governor’s supporters who were packed in inside the courtroom and outside its premises broke into cheers.
“He is called the unshakeable Wambora,” one was heard saying.
Those who spoke to Capital FM News said Governor Wambora will deliver his electoral promises without “unnecessary fears” of losing his seat.
“He should now be allowed to serve his five years without distraction,” an elated supporter said.
Another added, “the governor had one of his nine lives wounded, he has been left with eight more. He will for sure deliver.”
Wambora won with 97,544 votes against 96,597 Kivuti.
About The Author
