By Brian Itava
The Machakos High court has upheld the election of the Machakos County Governor Dr. Alfred Mutua in the August 8, 2017 general elections. According to High Court Judge Aggrey Muchelule, the petition filed against the governor lacked merit and that he was validly elected.
Justice Muchelule in his judgment determined that the main three offenses with which the petitioner’s advocates laid their claims were not proven.
In the petition, Wavinya accused Dr. Mutua of using public resources such as county buses to carry out his political campaigns and using of county officials as his own party agents. According to judge Muchelule, the allegations lacked grounds to prove the election was marred with irregularities.
“I have considered all the evidence that was placed before me and the submissions by counsel. I have come to the conclusion that this petition lacks merit. I find that the Machakos Gubernatorial election was conducted in a free, fair and credible manner,” ruled Justice Muchelule.
According to Justice Muchelule, Dr. Mutua was validly elected and the declaration of his win by the Independent Electoral and Boundaries Commission (IEBC) reflected the will of the people.
According to the legal provisions involved in filing of a petition Justice Mchelule ordered the petitioner Wavinya Ndeti who lost the petition, to pay the IEBC and governor Mutua Ksh 5 million each.
Speaking shortly after the verdict, the governor said that it is a new era of non-tribal leadership and that he welcomes his contender Wavinya Ndeti to work together.
Mutua who was visibly exhilarated termed the win of the petition as a God-given and also prognosticated his chances of becoming the next president of Kenya.
“I am going to bring presidency in Ukambani which has for a very long time slipped away from our hands. It is time to forget about the past and forge forwards,” Mutua said.
The former Kathiani Member of Parliament Wavinya Ndeti feeling dissatisfied thanked the people of Machakos for voting for her in the August 8 polls saying that it is not the end of the road.
“You people of Machakos I urge you to be strong and encouraged, I know you voted for me. These people had already known the fate of the case that it would be ruled in their favor,” Ndeti said.
Governor Mutua seized the opportunity to thank his lawyers, who he termed as competent saying that they had an easier time to argue in court as there was no case to answer against him. He also, for reasons best known to him, sent a thank you message to President Uhuru Kenyatta after the petition against his election was struck out.