Garissa High Court revokes the election of Abakaile MCA Mohamed Ali 

Abakaile ward MCA Mohamed Ali taking oath of office at the Garissa County Assembly.(Courtesy)

GARISSA—The High court in Garissa has overturned a ruling that upheld the election of Abakaile MCA Mohamed Ali in February 2018.

In his ruling, Judge George Dullu stated that the magistrate had widely erred in the earlier ruling  by failing to order the scrutiny of votes cast.

“The court has observed that the magistrate failed to order the scrutiny of votes in which the victory margin was very narrow,” said Judge Dullu.

Chief magistrate Cosmas Maundu upheld the election of Abakaile MCA Mr Mohammed Ali who also doubles as the assembly’s minority leader.

He said the evidence adduced in court by the petitioner could not sustain the case.

“The petitioner had not proved the case to the required standards. His evidence was not enough to prove any irregularities during the election. He relied on evidence not in his pleadings,” Judge Maundu said.

Ali garnered 1,826 votes in the August 8 election, while petitioner Abdiwahab Sheikh of ANC had 1,799.

The narrow margin compelled Abdiwahab Sheikh to head to the courts to challenge Ali’s win, citing massive failure by the Independent Electoral and Boundaries Commission to display the total votes cast to party agents during the counting process triggering suspicions of foul play.

Justice Dullu maintained that the election was not verifiable.

Ali through his lawyer, Humprey Manyange said they respect the court’s ruling but will challenge it at the Court of Appeal.

“The High Court made its decision, but we feel as the people of Abakaile the ruling will subvert the will of the people.” said Manyange.