The Supreme Court has upheld election of Machakos governor Alfred Mutua, dismissing election petitions against them.
Governor Mutua’s final round win comes after his victory was reversed after his rival, former Kathiani MP Wavinya Ndeti, convinced the Court of Appeal that the Machakos governorship results were manipulated to favor her competitor.
She had appealed after Machakos High Court Judge Aggrey Muchelule ruled that her petition lacked merit and upheld Mutua’s victory.
While defending his win at the Supreme Court, Mutua argued the procedural technicalities in last year’s elections did not warrant the nullification.
IEBC also contested the nullification on the grounds that the Court of Appeal focused on human errors and overlooked the will of the people.
Ndeti has maintained the results were announced despite the omission of results from 145 polling stations.
But the win spells a sigh of relief not only to Mutua but also to Wiper leader Kalonzo Musyoka who has had to deal with a storm that would have spelt doom for the party had a by-election been called.
Ex- Machakos Senator Johnstone Muthama had said vowed to vie for the gubernatorial seat if Supreme Court rules that a by-election be conducted.
Muthama said he will join the gubernatorial race if the Wiper’s gubernatorial candidate Wavinya refuses to drop former East African Legislative Assembly (EALA) MP Peter Mathuki as her running-mate.
“I will support Wavinya on one condition, she has to change her deputy Peter Mathuki. If not, she should forget about it. The person deputizing her is unfit,” Muthama said.
Muthama comes from Masinga constituency and so does Mr Mathuki and Machakos Senator Boniface Kabaka. In his view, Ms Ndeti should pick a running mate from outside Masinga for regional balance.
He had even threatened to support Dr Mutua if he does not join the race.
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