The High Court has dismissed a petition challenging the victory of Garissa Township MP Aden Duale.
Justice Hedwig Ong’udi dismissed the petition saying that the petitioner failed to provide sufficient evidence that the August 8 General Election was not free and fair.
Justice Ong’udi in his ruling directed the petitioner, Mr. Farah Maalim to pay Sh6 million in cost for the petition.
The money will be shared equally between Mr. Duale and the Independent Electoral and Boundaries Commission (IEBC).
The petition had been filed by Mr. Maalim who had moved to court seeking to nullify Mr. Duale’s election claiming that there were massive irregularities in the election.
During the case hearing, Mr. Duale dismissed claims that he influenced the recruiting of presiding officers and other election officials and that his sisters bribed voters saying that Mr. Maalim provided a list from his clan to be considered for presiding officer positions.
The National Assembly Majority Leader also denied using violence during the elections and making civil servants force Garissa residents to vote for him.
He also denied reports that the electronic gadgets used in the poll failed on the morning of August 8, adding that the results announced at the polling stations were correct.
Judge Ong’udi in his ruling said that Mr. Duale was validly elected as Garissa Township MP and that claims by the petitioner that some voters were denied a chance to cast their votes were not true.
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