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Daniel Onyango Abwao has asked the Court of Appeal to nullify Ali’s election on the claim that he committed an election offence by using images of ODM leader Raila Odinga in his posters even though he was running as an independent candidate.
The High Court had earlier thrown out the petition challenging Ali’s election, noting that Abwao did not have sufficient evidence.
However, the petitioner’s lawyer, Ahmed Said, has asked a three-judge bench of the Court of Appeal to overturn the High Court’s decision to block part of his evidence.
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“The trial judge made a grave mistake by dismissing the evidence adduced in court by the appellant which made her up held the election of Mohamed Ali.”
“He used ODM party colours and yet he was not ODM parliamentary candidate. He used the photograph of ODM presidential candidate which made him ride on ODM’s popularity,” the lawyer told the court.
However, Ali, through lawyer Chacha Odera, has asked the judges to dismiss Abwao’s allegations as they were not raised before the IEBC which would have formed a special tribunal to make a decision on the matter.
The judges will make the final ruling on July 26.
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