Court overturns Mutonguni Ward legislators’ victory, orders fresh polls


Barely three months after Kitui West electorates cast their votes to elect their constituency representative in the National Assembly to take over from the late Hon. Francis Nyenze, Mutonguni Assembly Ward locals from the same constituency have been referred back to polls following the nullification of Hon. Felix Mbevo’s win by Kitui High Court citing that the entire exercise was marred by electoral irregularities.

Giving out her ruling to Mbevo’s appeal on Wednesday, 20th June, 2018, Kitui High court Justice Mutende admitted that the previous ruling by the Magistrates Court had some errors including the use of provisional results in determining the petition filed by Musee Mati challenging the victory of Mbevo who was declared the winner by IEBC in the past August 08th, 2018 polls.Also, Mutende stated that the Magistrates Court should have directed for the votes recount rather than nullification of Hon. Mbevo’s win.

Failure to avail form 34As to the Magistrates Court before making its final ruling was also noted by Justice Mutende while in delivery of her verdict on Mbevo’s appeal seeking to reinstate his victory.

She ordered fresh polls to be conducted by IEBC to give chance to Mutonguni residents to elect their Assembly Ward Representative to the County Assembly of Kitui.Appellant Hon. Mbevo and IEBC shall get their incurred costs during the judicial proceedings paid by Musee Mati, the first respondent.

Source : Kitui Newspaper.

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