Governor Ngilu's election upheld
By Martin Masai
GOVERNOR Charity Ngilu's election as Kitui Governor was today upheld by the Supreme Court of Kenya.
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| Deputy Governor Dr Wathe Nzau addresses the media outside Supreme Court buildings after Governor Ngilu's election was upheld. |
Three judges of the court tossed out an appeal ;lodged by defeated governor Julius Malombe saying it lacked merit.
The court upheld the election of Governor Ngilu saying she was validly elected during the August 8th 2017 general elections. Judges Roselyn Nambuye; Mohammed Warsame and Otieno Odek said former Kitui Governor Dr Julius Malombe failed to offer evidence which could enable them nullify the victory of Ngilu.
They said Ngilu had beaten Dr Malombe by over 90 000 votes having garnered 169,990 votes while Malombe was in distant third with 74,681. Former Kitui Senator David Musila was second with 114,827 of the votes cast.
Malombe had alleged the election of Governor Charity Ngilu was irregular, illegal and didn't reflect the will of the people of Kitui County. He alleged his agents were denied access to the various polling Stations.
Malombe further alleged violence rocked the polling and that Ngilu was allowed to campaign during the voting rights exercise
Ngilu through lawyer Kioko Kilukumi defended herself saying the polling was done in accordance with the election rules. Kilukumi said Ngilu defeated her rivals in a clean poll exercise
In their judgement Nambuye,Warsame and Odek said the elections were conducted in accordance with the constitution and legal confines and principles.
"The allegations raised against the said elections don't meet the threshold for nullification of an election; " the judges said.
Added they; "Having scrutinzed all the issues and allegations raised thoroughly and meticulously we decline the invitation to nullify the said election," They said the win and gazettement of Ngilu by the IEBC were legal and legitimate . They proceeded to dismiss the appeal with costs. .Dr Malombe was ordered to pay Ms Ngilu Sh 2million and IEBC Sh 1million. The judges set aside Justice Pauline Nyamweya's orders Malombe pays Ngilu and IEBC costs to the tune of Sh 5m. After the judgement was read Malombe said he will read the judgement then make a decision on whether he will move to the Supreme Court to appeal.
Ngilu supporters led by Deputy Governor Dr Wathe Nzau welcomed the outcome and said they will now focuss on delivering on the five-pillar manifesto that Governor Ngilu campaigned on.
Mrs Ngilu was not in court.
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