The Machakos County governor Alfred Mutua has found himself in the cold after the ruling of the court of appeal nullified his win in the 2017 gubernatorial race .
In the ruling made by the Court of Appeal on the morning of Friday June 8, the court overruled the High Court’s ruling that had upheld Alfred Mutua’s August 8, 2017 win, this prompting an appeal by arch-rival Wavinya Ndeti.
The appellate court ordered the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh election in Machakos county free from any anomalies.
The IEBC County returning officer for Machakos was faulted for using an excel spreadsheet to record results instead of Form 37A which is the legal document to bear the results.
The court further uncovered that a number of county officials were directly and indirectly involved in the election process, with one of them being an agent of Dr. Alfred Mutua.
Mutua, who was absolved by the court of the blame or responsibility for the anomalies, brushed off his dethroning, saying that it is a small huddle for him.
The governor said that defending his seat in a rerun was a non issue, adding that his dream of becoming the fifth president of Kenya is still valid.
“I respect the Court of Appeal but disagree with their findings which clearly demonstrate they misunderstood the facts & the Law. I have moved to the Supreme Court. I, therefore, continue serving my people as the duly elected Governor of Machakos.” the dethroned governor said.
In other news from the appellate court, the Embakasi East Member of Parliament, Hon Babu Owino now has train to smile after the court of appeal also overruled the high Court’s ruling that nullified his election. Babu was declares validly elected to the national assembly by the constituents of Embakasi east.
In their ruling , Justices Mohammed Warsame, Daniel Musinga and Kathurima M’Inoti said the nullification of the results on account of recount and scrutiny was not founded in law.