Fresh twist in Duale's court case

juma chrispinus

April 17, 2018 12:08 PM

Duale has a pending case in the Court of Appeal.

Former Deputy Speaker Farah Maalim on Tuesday filed a notice to the Court of Appeal notifying it of his intention to withdraw appeal against High Court’s upholding of MP Aden Duale’s win.

The Wiper’s Deputy Party leader vowed in February to appeal the decision by the High Court to uphold the election of Member of Parliament for Garissa Township Aden Duale.

“I respect the Judiciary. I respect the judgement made by the judge. They aren’t always right and they might be wrong and you prove that in another court. I will go to the Court of Appeal to prove that this judgement was flawed,” said Farah Maalim, after the ruling.

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The decision by Mr. Maalim came moments after the High Court upheld the Jubilee Party Chief Whip’s win, on grounds that the petitioner had not provided sufficient evidence to back his claims that the Garissa Township election was marred by irregularities.

According to the judgment passed by judge Jusice Ong’udi, claims by Mr. Maalim that public servants campaigned for Duale remained as mere allegations and that there was no evidence to show that voters were influenced to vote for the winner.

“We feel that there is evidence that wasn’t taken into consideration and I want to believe that that is on the judge’s opinion of that. We feel we will get a different ruling at a higher court,” said Maalim.

Maalim has been directed by the High Court to pay Ksh.6 million as the cost of the petition, where half the amount will paid to Duale while the rest to the electoral body.

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