Former Kathiani MP Wavinya Ndeti Friday suffered a major setback after Machakos high court declared Machakos governor DrAlfred Mutua was validly elected.
Justice Aggrey Muchelule dismissed Ndeti’s election petition on grounds that it lacked sufficient eveidence to prove massive irregularities and illegalities.
“I find that the case was not proved beyond doubt… the allegations are not established,” Muchelule said in his verdict.
In her petition, Ndeti claims that the Independent Electoral and Boundaries Commission (IEBC) erroneously declared Mutua the winner.
Mutua had urged the Court to strike out the petition arguing that it is defective, and lacks any legal basis.
Wavinya who vied on a Wiper ticket under the NASA coalition was floored by Mutua in the contest after the Governor garnered 54% of the votes cast in the August 8th general election.
Judge Muchelule has further ordered Ndeti to pay Ksh10 million as costs for the petition.
Ndeti moved to the court to challenge Mutua’s win claiming the poll was marred by illegalities and irregularities.
She further accused Mutua of allegedly using county resources to fund his campaigns and intimidated her agents in some of the polling stations.
She wanted the election of Mutua nullified saying the IEBC erred in declaring Mutua as Governor claiming there was a subversion of the will of the people of Machakos County.
Addressing jubilant supporters outside the court, Mutua thanked them for rallying behind him and believing in his vision. He further declared that he was in the State House race in 2022.
“I am happy, really happy, today is a declaration that the journey to Statehouse is on and in 2022 I will vie and by God’s Grace I will win to become the 5th President of Kenya,” he said.