The fate of Kitui Governor Charity Ngilu will be determined on March 2,2018 when the High Court will deliver the ruling of the petition filed by former governor Julius Malombe.
Lady Justice Pauline Nyamweya set the date after receiving final submissions from lawyers representing the two factions in the poll suit.
The judge had earlier directed lawyers Kioko Kilukumirepresenting governor Ngilu , Appollo Muinde and Moses Kurgat for representing the petitioner Dr Julius Malombe and Mr Elias Masika together with Mrs Dorothy Mageto for the independent electoral commission (IEBC) to file written submissions by yesterday after concluding the scrutiny and recount exercise.
In their final submissions, Mr Kilukumi and Mr Masika have urged the judge to dismiss with costs the petition filed by the immediate former Governor whom they say “ has failed to prove the allegations levelled against the incumbent.
Mr Kilukumi has said Dr Malombe who was a distant third after the final vote count during the last general elections of August 8,2017 did not avail any evidence on which the court can rely to invalidate Ms Ngilu’s victory.
“ Ms Ngilu was declared the winner of the hotly contested polls by the County Returning Officer Albert Gogo after garnerning over 160,000 while the runners up David Musila got 115,000 votes and Dr Malombe managed to hive 74,000,” Mr Kilukumi states.
The lawyer said the Governor who is also a former presidential candidate during the Kanu era and former Lands Cabinet Secretary “ satisfactorily answered each of the allegations levelled against her by Dr Malombe.
The IEBC lawyers Masika and Mageto have said the elections in Kitui were conducted in accordance with the law.
“ The scrutiny exercise and the recount exercise bears witness that the elections were conducted in a free and fair enviroment,” Mr Masika stated.
On their part Mr Muinde and Kurgat have said insisted that they proved the petition against Ms Ngilu to the required standards.