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Another Jubilee Governor's victory at stake after today's court ruling

Last week, a Jubilee Governor lost his seat in a similar petition.

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While delivering his ruling, Justice William Musyoka ordered for a recount, scrutiny and examination of the number of votes garnered by each candidate in the bitterly contested election.

In August last year, Mr Kivuti won the first round of a legal battle after the Court ordered that all election materials used in the poll be preserved for scrutiny.

Embu High Court Justice Florence Muchemi had also ordered that all Kenya Integrated Electoral Management System (KIEMS) kits used in the particular election be kept safely.

“The orders should remain in force pending the hearing and determination of this case, which will be heard on September 20,” Justice Muchemi said.

The election materials to be kept safely include counted ballot papers and rejected ones, ballot boxes, written statements by presiding officers, printed copies of the register used in the disputed poll and copies of the results of each polling station where the outcome has raised queries.

Areas whose results have been disputed include Manyatta, Runyenjes and Mbeere South constituencies.

Impeachment  

Ghosts of impeaching Mr Wambora resurfaced early this month, after his troubled first term in which he nearly lost his seat, and his return to office, no doubt, must have been bruising.

Former Manyatta Member of Parliament Emilio Kathuri filed a case challenging his eligibility as governor, claiming Wambora had been implicated in gross misconduct thereby unfit to hold office.

The then former speaker of Embu Assembly Justus Kariuki and Clerk Jim Kauma had also appealed against a ruling by the High Court in Kerugoya that had found them to have been in contempt of the court for ignoring a court order stopping the impeachment motion. His impeachment was later overturned by the Senate.

Lost seat

Meanwhile, Wajir Governor Ahmed Mohammed Abdi Mahamud Friday last week became the first Governor to lose his seat following a successful election petition.

Milimani High Court Justice Alfred Mabeya said Mahamud was not validly elected as he did not possess the required degree certificate to vie for the seat and that the election was marred by irregularities.

The Judge also told the court session that Mr Mahamud failed to turn up in court to counter claims the he did not have a degree.

He said coming to court for cross-examination was a good chance for him to rebut the allegations.

Justice Mabeya added that it was doubtful that the Governor would have obtained a master’s degree from Kampala University within six months.

The judge said a letter from Commission of University Education showing that the University was recognised by the Commission was not enough. On irregularities, the judge faulted the returning officer for opening ballot boxes which had already been sealed contrary to the law.

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