In Summary

Wajir Governor Mohamed Abdi got an automatic 30-day reprieve after filing a notice to appeal a decision nullifying his election.

So far, courts have cleared a total of 89 election petitions, with one governor (Wajir) losing his seat.

Taita Taveta Governor Granton Samboja on Monday became the latest county boss to survive an election petition.

This was after Justice Erick Ogolla dismissed a case challenging the move to clear him to vie for the gubernatorial seat on claims that he does not have a degree as required by law.

Justice Ogolla said there was another petition challenging Mr Samboja’s academic qualifications.

In Nairobi, Wajir Governor Mohamed Abdi got an automatic 30-day reprieve after filing a notice to appeal a decision nullifying his election.

His election was nullified by Justice Alfred Mabeya on Friday, saying that it was marred by irregularities and that Mr Abdi failed to prove that he holds a degree as he alleges.

IRREGULARITIES

The petition was filed by former Governor Ahmed Abdullahi Mohamad who also cited irregularities and the fact that Mr Abdi did not have a degree.

Justice Mabeya faulted the Independent Electoral and Boundaries Commission (IEBC) officials saying they breached the principle of the secrecy of the ballot when the presiding officers asked voters to shout their candidate of choice during the voting. The court heard that many voters in Wajir were illiterate and had to be assisted to vote.

And because of inter-clan rivalry within the county, public disclosure of one’s preferred candidate could invite victimization.

FAULTED IEBC

He also faulted IEBC for failing to show the record of the assisted voters.

“It is inconceivable that out of 16,170 who voted, they could only produce a list of four assisted voters despite there being evidence that the majority of the people there are illiterate and many of them were assisted to vote,” Justice Mabeya said.

He also said the record of the election through the prescribed forms 37A, 37B and 37C was neither accountable nor credible.

“From the irregularities, the Commission cannot be said to have conducted the elections competently and efficiently,” he said adding that “It follows therefore that the first respondent was not validly elected as the governor of Wajir County.”

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