Machakos Governor Alfred Mutua has asked Supreme Court Judges to overturn a ruling by the Court of Appeal that nullified his victory in the August 8, 2017, general election.
The governor says he won the election fairly and the Court of Appeal erred by nullifying his victory.
Through his lawyer Kioko Kilukumi, Mutua told the Supreme Court Judges led by Chief Justice David Maraga that the appellant court's decision was unconstitutional.
“The Appeal Judges erred in law by nullifying the election of my client and we ask these Court to overturn the decision,” Kilukumi said.
Kilukumi said even though the IEBC's returning officer failed to use the required form in declaring the winner, the actual results of the election has not been disputed.
“The results have not been challenged anywhere and we ask the court to take note of that and reinstate my client as the duly elected governor,” he said.
Addressing the press outside the court after the session, Mutua exuded confidence that the court will reinstate his victory.
Mutua asked his supporters to remain calm and peaceful.
The Court of Appeal nullified Mutua’s election in June on grounds that it was not free and fair.
The appellant court then ordered the IEBC to conduct a fresh gubernatorial election in Machakos County.
Mutua and his fierce rival former Kathiani MP Wavinya Ndeti are not seeing eye to eye politically.
The two have often engaged in public spats with Ndeti accusing Mutua of failing the Machakos residents.
Mutua, on the other hand, accuses Ndeti of engaging in propaganda to taint his administration.
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