The Court of Appeal has nullified the August 2017 win of Machakos Governor Alfred Mutua, sending residents back to the ballot box and what will certainly be the most vicious by-election.
The Court of Appeal on Friday threw out his election after a successful appeal by his arch-rival, Mrs Wavinya Ndeti, against the High Court ruling that had upheld his August 8, 2017 election win. The second highest court in the land directed the Independent Electoral and Boundaries Commission (IEBC) to prepare and conduct a fresh election in Machakos.
The court faulted the IEBC returning officer for using an excel spreadsheet to record results instead of Form 37A. The judges also found that county officials were involved in the election, with one of them being an agent.
The court, however, absolved Dr Mutua of any blame or responsibility for the anomalies. Dr Mutua, the leader of Maendeleo Chap Chap party which worked with President Kenyatta’s Jubilee Party in 2017, described the nullification as “a small hurdle” and he will overcome it and get an even a bigger office.
He said he would file a notice of appeal on Friday as he take the battle for Machakos to the Supreme Court. Accompanied by his lawyer, Mr Wilfred Nyamu, he said his dream of becoming the fifth president of Kenya is still valid. He added that he will still remain in office and discharge his duties.
On her part, Ms Ndeti, who ran for the seat on Wiper Party ticket, thanked and praised the court for delivering justice. She said the judge’s decision was “a victory for the people of Machakos”.
She moved to the appeals court after the High Court dismissed her case with costs and upheld Dr Mutua’s win.
