​Machakos County Governor Alfred Mutua at a past function.(Photo/nairobinews.nation.co.ke)

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A court has dismissed Machakos County Governor Alfred Mutua’s application to have an election petition filed by Former Kathiani MP Wavinya Ndeti dropped.

The Maendeleo Chap Chap leader had asked the court to throw out the application on the grounds that it had massive defects.

The governor has insisted that he won the seat in a free and fair manner.  In a sworn affidavit, the governor’s lawyer said that he was elected together with his deputy, and thus they cannot be separated.

 “This is incurable and fatally defective since Article 180( 5 ) of the Constitution mandates a county governor to nominate a qualified person to be elected as a deputy governor,” the lawyers submitted, as quoted by Kenyans.co.ke.

The complainant’s side told the court that the court that the exercise was marred by all sorts of illegalities and irregularities that saw the governor retain his post.  

The Wiper candidate argues that Mutua, who has been supporting President Uhuru Kenyatta for his second term, does not deserve to be in office. 

She opines that the election outcome does not reflect the will of the people of Machakos. She further said that the votes counted were more than those cast.