Published
6 years agoon
By
Kulan PostBY: Kevin Kyalo, at Milimani Courts
BREAKING NEWS
NAIROBI—Milimani High Court judge has nullified the election of Wajir governor at a cost of 2 million.
In his ruling, Judge Mabeya said Mohamed Abdi Mohamud was not validly cleared by IEBC. He also said that the code of Secrecy was flouted when ballot papers were opened without court order.
The petition started in September last year when Ahmed Muhumed (PDR) and Ahmed Abdullahi (ODM) went to court to challenge the victory of Mohamed Abdi (Jubilee).
In his final ruling on Friday, Judge Mabeya found that the academic credentials of the governor were not valid.
“…therefore, he was not validly cleared,” the judge said.
In the ruling on flouting of Code of Secrecy , Judge Mabeya said, “12 polling station in Wajir North were opened after sealed in their respective polling stations without court order. This was proved to the court by a video evidence.”
“17 fake polling stations in Wajir South had results…. the stations results can’t be verified by this Court,” he added.
“EBC failed to properly train presiding officers, a matter that exhibited sheer incompetence on the part of the said officials, which adversely affected Wajir County gubernatorial elections,” the judge said in his final ruling.
The court noted that there were alterations in some forms yet there was no countersigning as required by law.
Further, the court said that many forms were not genuine; either photocopies with no watermarks or printouts and did not explain where the originals were.
“In totality, the court hereby finds that the petitioners have succeeded in convincing the court the election was not conducted in a free and fair manner,” ruled Justice Fred Mabeya.
Court noted that he didn’t have a degree & that some ballot boxes were re-opened after they had already been sealed.
The judge nullified the election of Mohamed Abdi Mohamud with a cost of sh 2M
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