In Summary
  • Mr Owino, also known as Paul Ongili, had won the August 8 election having garnered 46,587 votes, while Mr Mureithi of Jubilee got 42,501 votes.
  • Justice Joseph Sergon of the High Court found that violence, intimidation and irregularities affected the final outcome.

It will be an uneasy month for governors and MPs facing election appeals as Appellate judges deliver their verdicts.

So far, the court has delivered more than 20 judgments with Wajir Governor Mohamed Abdi and his Machakos Governor Alfred Mutua among the high profile casualties.

A total of 102 election petitions were filed at the Court of Appeal.

Some 31 petitions against governors were filed while cases challenging the election of MPs were the highest at 56.

For the position of Woman Representative, eight petitions were filed while a similar number of cases on the senatorial positions headed to the Court of Appeal.

Both Dr Mutua and Mr Abdi have moved to the Supreme Court, expressing dissatisfaction with the decision of the Court of Appeal.

IRREGULARITIES

Mr Abdi’s election was challenged by former Governor Ahmed Abdullahi who complained of irregularities and the fact that his successor did not have a degree as required by the law, to vie for the position of governor.

The election was nullified by Justice Alfred Mabeya and Appellate court upheld the decision.

Nullifying Dr Mutua’s win, the judges said the election results declared by the county returning officer for Machakos County failed the constitutional test of verifiability and the declaration made announcing Dr Mutua the winner, had no legal basis.

Justices William Ouko, Mohamed Warsame and Gatembu Kairu said they were satisfied that the complaints regarding the validity of Form 37C and the declaration of results and it was wrong for the returning officer to use the wrong form.

PRESIDING OFFICERS

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