In Summary
  • But Mr Timamy did not appear to be giving up just yet.

  • He said he was not satisfied with ruling and would proceed to Supreme Court to challenge Court of Appeal decision

  • The Court of Appeal judges, he said, overlooked evidence of electoral malpractices and violations of the law he had tendered in court.

The Court of Appeal has upheld the election win of Lamu Governor Fahim Twaha and dismissed an appeal by his predecessor Issa Timamy.

A three-judge bench headed by Alnasir Visram on Thursday dismissed Mr Timamy’s case in Mombasa, saying it lacked merit.

41 GROUNDS

The judges said the Lamu gubernatorial election was substantially conducted in compliance with the law.

The judges dismissed all the 41 grounds of appeal, stating that no evidence was adduced to support claims of electoral malpractices, bias, marked ballot papers and denial of some voters their right to vote.

Mr Timamy also claimed that Mr Twaha’s deputy was a former employee of IEBC, thus unduly influenced the outcome of the poll but judges ruled that he did not prove that allegation.

They said they will not interfere with the judgement of High court Judge Dorah Chepkwony.

“We, like the learned judge, find that the appellant has not established that the irregularities alluded to affected the results of the elections, we also find that the election in question was conducted in substantially in compliance with the principles laid down in the Constitution and electoral code," judge Visram ruled.

"Accordingly there was no basis for election court to interfere with election in question, accordingly we find that the appeal has no merit and is dismissed."

The court, however, halved the costs of the case to be paid by the appellant from Sh12 million to Sh6 million.

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