Machakos Governor Dr Alfred Mutua is expected at the Supreme Court to file an appeal challenging last week’s Court of Appeal Ruling that nullified his election.
The embattled governor says the ruling by a three-judge bench did not meet the constitutional threshold to warrant the nullification of his victory.
Justices William Ouko, Mohamed Warsame and Gatembu Kairu ruled that the election results as declared by the Independent Electoral and Boundaries Commission (IEBC) failed the constitutional test and could not be verified.
The judge further directed that fresh elections be conducted within 60 days and the certificate issued to Mutua be set aside.
However, in response to the ruling, Mutua said he was very surprised by the courts findings.
“They totally misunderstood what was presented to them. They misinterpreted facts and misconstrued the analysis of the law. I am telling Machakos people, that failure is not an option we will overcome and prevail. This is just a temporary hurdle; we will not be short changed by this judgment.” Mutua said.
On the 2022 presidential elections, Mutua said he will be in the ballot papers and will be the 5th President of Kenya- “these are just small hurdles and it cannot kill my spirit.”
His opponent Wavinya Ndeti had moved to court on 5th September last year to challenge Mutua’s win in the August 8 election.
Wavinya applauded the court’s ruling saying that justice had been served.
“I have been very patient. The ruling has been done. The judges have done their work and Mutua should just take it as it is. He can go to the Supreme Court but I will go to God who is the most supreme,” she said.
The former Kathiani MP claimed that the election was marred with election irregularities and illegalities.
She cited voter bribery and issuance of more than one ballot paper to voters.