Machakos Governor Alfred Mutua not only lost the election petition following an appeal by his rival Wavinya Ndeti but the court also directed him to pay the cost of the case.
After a successful appeal, Mutua was condemned to pay the costs incurred by Ndeti as she challenged the August 8 election results.
At the High Court, Justice Aggrey Muchelule had dismissed the election petition and asked Ndeti to pay upto Ksh10 million in costs.
However, at the appellate court, Justices William Ouko, Mohamed Warsame and Gatembu Kairu asked the Independent Electoral and Boundaries Commission (IEBC) and governor Mutua to pay a total of Ksh2.5 million each to Ndeti.
[caption caption="Machakos Governor Alfred Mutua"]
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“The 3rd respondent shall pay the appellants costs of this appeal, to be taxed, but not to exceed Kshs. 1,000,000.00,” the judges ruled.
“We direct the IEBC to organise and conduct a fresh gubernatorial election for Machakos County in conformity with the Constitution, the Elections Act and the Regulations,” the judges maintained after ruling that the validity of the results could not be ascertained.
A decision by the Electoral Commission to use an excel sheet to declare Mutua the winner in the Machakos governor's poll cost him the seat.
The judges further stated that the presence of one of Mutua’s employees at the counting hall went against election rules.
They maintained that Urbanus Wambua Mutisya, a chief officer at Machakos county, acted as an agent and even signed Form 37B for Mavoko constituency, a move that Ndeti argued established a conflict of interest.
[caption caption="Politician Wavinya Ndeti"]
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Ndeti and her running mate Peter Mathuki had complained that over 300 employees of the county were engaged as returning officers, presiding officers and polling clerks.
