Machakos Governor  Alfred Mutua's election has been nullified. 

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The appelant court sitting in Nairobi nullified the Maendeleo Chap Chap leader's August, 2017 election today. 

This follows a succesful appeal by the former Kathiani MP Wavinya Ndeti after a Machakos High Court upheld the Mutua's election. 

The decision to nullify the election was reached by a three bench judge. 

The ruling was read out by Justice William Ouko.

The judges ruled out that the election results anounced by the Indipendent Electoral and Boundaries commision (IEBC) failed the constitutional test thus couldn't be verified.

However, in a statement to the press, Governor Mutua said he will appeal the decision since he believes he won fairly.

Machakos High court judge Justice Aggrey Mchelule upheld Mutua's victory on February 9, 2018. 

In his judgement, Mchelule said the petitioner, Wavinua Ndeti, failed to show beyond reasonable doubt that Mutua was not validly elected.

In his ruling, Muchelule found that Mutua’s was elected in a free, fair and credible process, reflecting the people’s will.

Wavinya Ndeti who vied on a Wiper ticket vowed to appeal the decision saying that it wasn't fair.

The verdict has brewed  controversy among Machakos residents with some believing the governor won fairly and others claiming Ndeti won.