Minority leader in the Garissa county assembly and Abakaile ward MCA Mohamed Ali was all smiles after a petition court sitting in Garissa upheld his August 8th election.
During the election, Mohamed who run on an ODM ticket garnered 1,826 while Abdiwahab Sheikh of ANC got 1,799.
Abdiwahab Sheikh who comes in second during the elections went to court to challenge the win citing failure by the IEBC officials to display votes to agents during the counting.
He also said that the election officials failed to empty ballot boxes before voting among other reasons.
In dismissing the case, chief magistrate Cosmas Maundu said the evidence adduced in court by the petitioner could not sustain the case.
“The petitioner had not proved the ccase4 to required standards or proof and that his evidence was not enough to prove any irregularities during the election.
He also sought to rely on evidence, not in his pleadings,” said the magistrate.
Addressing his supporters who broke into dance and adulations outside the court immediately the verdict was delivered, Mohamed thanked his family, friends and the people of Abakaile who stood by him throughout the petition.
“Now that this case that was destructing me is behind us, I will embark soonest possible on how to deliver to my people. I am also ready to work with my worthy opponents in ensuring that services and programmes meant for the people are delivered on them,” he said.
“ At the county level, we will play our role of oversight and keep the executive in check. And that they operate within the law,” He added.
Speaking to the press outside the law courts, the minority leaders lawyer Humphrey Mayange commended the court for affirming the rule of law.
“The petition was just an afterthought. it was not premised on any valid grounds. it is very curious that they based their argument on one polling station. The allegations they were making were not valid at all,” said the lawyer.
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