Machakos Governor Alfred Mutua not only lost the election following an appeal by his rival Wavinya Ndeti but the court also asked him to pay the cost of the suit.

At the High Court, Dr Mutua was a joyous man after Justice Aggrey Muchelule dismissed the election petition and asked Ms Ndeti to pay Sh10 million in costs.


But following the successful appeal, it is Dr Mutua who was condemned to pay the costs incurred by Ms Ndeti as she challenged the August 8 election results.

In the decision on Friday, Justices William Ouko, Mohamed Warsame and Gatembu Kairu directed the Independent Electoral and Boundaries Commission to pay a total of Sh2.5 million to Ms Ndeti.

Dr Mutua too, was directed to pay the same amount to Ms Ndeti.

“The 3rd respondent shall pay the appellants costs of this appeal, to be taxed, but not to exceed Kshs. 1,000,000.00,” the judges said.

The Sh1 million adds to the Sh1.5 million that Dr Mutua was ordered to pay as costs incurred by Ms Ndeti at the High Court.

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