August 14, 2018

High Court nullifies Jubilee governor’s election, orders fresh poll

High Court has nullified the election of Embu Governor Martin Wambora on Thursday (22/2/18).

The Embu High Court nullified Wambora’s election on grounds that it was marred with irregularities which undermined the electoral process.

“There is no doubt that the errors affected the final outcome of the election. I have come to the conclusion that there were irregularities and errors during the counting and tallying of votes. The results cannot be said to be credible, verifiable and reflecting the will of the people of Embu,” ruled Justice William Musyoka.

The petition was filed by former Senator Lenny Kivuti of Maendeleo Chap Chap party.

Kivuti, who got 96,775 votes against Wambora’s 97,760, filed the petition after the August 8, 2017 election insisting the poll was not free and fair.

Justice Musyoka said the recount unearthed missing forms 37A for 12 polling stations, while a majority others were illegible, and the ballot lacked counterfoil papers.

Musyoka noted the recount revealed 111 extra votes, which could not be attributed to anyone, thereby creating uncertainty over the correct number of votes cast.

The Judge said the votes could have been illegally introduced with an intention to distort the results.

He said the recount showed that the difference between Wambora’s and Kivuti’s votes was between 700 and 800 votes.

He noted that unaccounted for ballots affected 566 votes, the missing counterfoils affected over 4,000 votes while the missing or illegible forms 37A carried more than 10,000 votes.

Judge Musyoka further ordered the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh election in accordance to dictates of the law.

He directed Wambora and Embu County IEBC Returning Officer Daniel Lenarum to pay the petitioner Sh3 million.

The Embu Governor through Lawyer Ahmednassir Abdullahi has vowed to appeal High Court’s order quashing his win.

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