Musimba to pay Kes. 3m in costs
By Daniel Kituku
The High Court sitting in Makueni has dismissed with costs a petition challenging the election of Mutula Kilonzo Jnr as Makueni Governor.
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| Lawyers Kyalo Mbombu and Kethi Kilonzo |
Justice John Nyabuto in his ruling said the petitioner did not prove beyond reasonable doubt his allegations to the court . The petitioner- Patrick Mweu Musimba had asked the Court to nullify the August 9 Gubernatorial results for the failure of KIEMS kit. But it found that the commission tried its best by allowing manual voting and that failure of the kit could not affect the outcome of the election.
Justice Nyabuto also dismissed the allegations of flawed procurement of KIEMS kit for lack of prove. and went on to deny the petitioner a prayer for scrutiny of votes, citing waste of judicial time thus finding it unnecessary.
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| Justice Nyabuto |
The court declared Mutula
Jnr was validity elected as Governor of Makueni, awarding him Kes 2m to be paid
by the Petitioner. Mutula was represented by his sister Kethi Kilonzo. The
court further awarded Kes 500,000.to the first respondent, the Independent
and boundaries commission and Kes 500,000 to the second respondent -the
County Returning officer Makueni.
