Court to hear election petition challenging Mutua’s election

Machakos High Court will on 13th next month hear the election petition against Machakos governor Alfred Mutua.

The court will determine whether Dr. Mutua is qualified to run in a repeat election in the event that he is found to have flouted the electoral laws.

During the pretrial conference of a petition filed by Wavinya Ndeti challenging the election of Alfred Mutua as Governor of Machakos, Parties have consented on issues they expect to be determined.

Among the issues canvassed is whether Governor Alfred Mutua was qualified to participate in the August 8 poll having been accused of aiding public officers to act as his agents.

The court will also rule on whether there were irregularities and illegalities, and whether the constitution was violated and if the violation would alter the results of the election to warrant a repeat election.

Mutua has however urged the Court to strike out the petition arguing that it is defective, and lacks any legal basis.

Elsewhere Former chairman of the defunct Lamu County Council Hassan Albeity has urged the High court to carry a scrutiny and recount of votes for senatorial election in all the polling stations in Lamu County.

Albeity who lost the August 8 general election Anwar Lotiptip of Jubilee Party also urged the court to order fresh senatorial election on reasons that the election was not free and fair, arguing that IEBC denied him a chance to appoint one agent per polling station during the election.

IEBC has however opposed the application saying it was filed outside the 28 days as stipulated by law.

In Nairobi, Justice Fred Ochieng has directed the IEBC to immediately deposit with the deputy registrar of the High Court forms 35A and 35B’s and SD Cards for the Starehe parliamentary election.

He was addressing parties at the pretrial conference in a petition filed by ODM parliamentary looser Steve Mbogo against Starehe MP Charles Kanyi Jaguar.

Justice Ochieng faulted IEBC for failing to honour a consent they entered into as parties as he maintained that hearing of the petition will not be interfered with as scheduled.

The parties will have 3 days to argue their case.



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