NAIROBI, Kenya, Sep 27 — The Supreme Court convened on Thursday morning to hear the Kwale gubernatorial election petition appeal challenging two decisions by lower courts upholding the election of Governor Salim Mvurya.
Six judges of the apex court — Chief Justice David Maraga, Justices Jackton Ojwang’, Isaac Lenaola, Smokin Wanjala, Mohammed Ibrahim, and Lady Justice Njoki Ndung’u — arrived in the courtroom shortly after 9am.
Suleiman Mwamlole Warrakah, the petitioner, had challenged Mvurya’s election in last year’s gubernatorial election citing poll irregularities.
Warrakah, however, lost the petition backed by Mvurya’s opponent in the contested election, Chirau Makwere, after the High Court in November struck out the petition citing the failure of the petitioner to include Mvurya’s running mate in the suit.
Lady Justice Mugure Thande had termed the petition as “incompetent” as it fell short of the threshold for petition rules.
She had ordered the petitioner to pay Sh 2.5 million in costs.
Warrakah and Makwere however disputed the High Court ruling filing an appeal at the Court of Appeal.
Appellate judges Martha Koome, Wanjiru Karanja and Alnashir Visram however dismissed the appeal in May saying the application lacked merit.
Mvurya who had sought reelection on a Jubilee Party ticked after ditching the Orange Democratic Movement party was declared the winner in the election held on August 8,2017, garnering a total of 119,680 votes.
Makwere who had resigned as Kenya’s envoy to Tanzania to seek the governorship on a Wiper Democratic Movement party ticket came in second place with 29,741 votes.
ODM’s Issa Chipera secured 28,727 votes.