The Independent Electoral and Boundaries Commission (IEBC) has moved to the Supreme Court in a bid to have it overturn the nullification of Machakos Governor Alfred Mutua's election.
Speaking to journalists, IEBC's lawyer Kimani Muhoro stated that the commission is seeking several reliefs in the highest court in the land among them, a declaration that Dr Mutua was validly elected and declared governor.
Additionally, he revealed that IEBC is also seeking a declaration to be issued that they conducted the Machakos County governorship election in a free, fair and a credible manner in accordance with the Constitution, the Election Act, and other relevant laws.
[caption caption="Machakos Governor Alfred Mutua at Mathatani Primary School in Kinanie ward, Mavoko subcounty, on August 8, 2017"]
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The agency's move follows the County's boss' application also filed at the Supreme Court following his election nullification by the Court of Appeal.
Filing his application, the embattled Governor maintained that he had won the election fairly and the Independent Election and Boundaries Commission (IEBC) had conducted the polls in accordance with the Constitution.
In his appeal, Mutua noted that the court erred in paying undue attention to procedural technicalities thereby overturning justice in accordance with Article 159 (2)(d) of the constitution.
"The judges of the Court of Appeal contradicted themselves by admitting the appeal based on the need of substantive justice and proceeding to nullify the election based on technicalities," he stated.
On June 8, Justice William Ouko ruled that the election results announced by the returning officer could not be verified.
“Machakos Gubernatorial elections declared by the returning officer failed the constitutional test and cannot be verified,” Justice Ouko stated.
He further ordered the IEBC to conduct a free and fair election in the county.
[caption caption="Machakos Governor Alfred Mutua"]
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