Political anxiety has gripped Machakos Governor Alfred Mutua and former Kathiani MP Wavinya Ndeti’s supporters ahead of the Supreme Court ruling on the governor’s appeal on Friday.
According to a public notice issued by Supreme Court Deputy Registrar Ole Keiwua, the Chief Justice (CJ) David Maraga led court will deliver the ruling on Friday at 9.00am.
Mutua challenged the Court of Appeal ruling that nullified his victory in the August 8, 2017, general election.
The Appellate Court in a ruling delivered in June ordered the IEBC to conduct a fresh gubernatorial election in Machakos.
The Court ruled that Mutua’s victory was unconstitutional because the IEBC Returning Officer used an excel spreadsheet to declare the gubernatorial results.
In his appeal in the Supreme Court, Mutua, however, questioned the ruling arguing that it erred in nullifying his victory.
Mutua maintained that the gubernatorial election was free and fair and that he was validly elected.
According to Kiambu based political analyst Peter Ngure, the Supreme Court Judges will either uphold the Court of Appeal's ruling or dismiss Mutua’s appeal.
In the event the CJ Maraga led Court upholds the Appellate Court's ruling, the analyst says Machakos residents will then have to go to a by-election to elect another governor.
He argues that the IEBC will have three months (90 days) to prepare and conduct a by-election in Machakos.
“The Supreme Court will either uphold the Court of Appeal ruling which means a by-election in Machakos or agree with Mutua’s appeal which means that the governor will continue serving his term,” he said in an interview on Wednesday.
The analyst notes that it will be a plus for governor Mutua’s 2022 presidential bid if the Supreme Court upholds his victory.
Ngure, however, says it will be a blow if the CJ Maraga led court recommends for a by-election.
Both Mutua and Ndeti have exuded the confidence of favorable ruling on Friday.
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