A Machakos Court has thrown out Wiper Candidate Wavinya Ndeti’s petition against governor Alfred Mutua over lack of evidence.
Making the ruling on Friday, Justice Aggrey Muchelule said Ndeti did not have sufficient evidence to prove that Mutua stole the elections.
“I find that the case was not proved beyond doubt… the allegations are not established and lack merit,” Muchelule said in his verdict.
Muchelule said Mutua was validly elected as the governor adding that Wavinya should pay Sh10million for the damages caused.
“The elections were free and fair,” the judge said as the Court burst into celebrations and ululations.
Wavinya lawyer Willis Otieno made a case for the nullification of the August 8 election arguing it was not conducted in accordance with the principles of the constitution.
Ndeti had alleged that the were consistencies and irregularities in the forms 37B that was used to declare Mutua the winner.
But judge Muchelule said there was no sufficient evidence tabled by the petitioner.
“It is clear that these anomalies could have been resolved, the petitioner did not want to go that route, rather she relied on an analysis done by Noah Akala,” he said.
Wavinya also claimed that in over 300 polling station their agents were denied access and were not allowed to go through forms 37A. But Mutua denied this allegation.
But Judge Muchelule said those agents who were allegedly chased away by Mutua’s people were not called to testify before the court.
“I find that without recording of statements by these agents, this claim by the petitioner is not materially sufficient,” Muchelule said.
The petition filed by Ndeti came to an end last week after all the parties made their final oral submissions before Muchelule.
The court was told that there were also forms which lacked security features raising questions as to whether their content was genuine.
