A Malindi high court has today consecutively nullified the election of two MCAs belonging to the ODM party.
Senior Resident Magistrate Corrilius Osero nullified the election of Ganda MCA Abdulrahman Omar and his Shella counterpart Kadenge Mwathethe saying they were not conducted in accordance with the constitution.
The magistrate ordered the Independent Electoral and Boundaries Commission (IEBC) and Returning Officer Masha Sudi to pay the costs of Sh2 million in each petition.
The petitioners, Joseph Kiponda of Jubilee Party who vied for Ganda seat and Mr Abdulkarim Twahir who also vied for Shella ward on JP had accused the IEBC of presiding over irregularities and illegalities.
According to the magistrate, he said in both petitions, the returning officer failed to declare results on Form 36A hence being fatal.“It offended Article 36 of the Constitution and made the election not be fair and transparent,” he said.
In his judgment, Mr Osero said he found discrepancies in Mere Primary polling station, Mashamba and Majivuni primary polling stations.“The scrutiny and recount of votes found counterfoils in Kijiwetanga polling station but in the initial report there were none, more ballot papers were issued more than the number of registered voters,” he said.
Speaking outside Malindi Law courts after the court nullified the elections, Mr Kiponda and Mr Twahir who were accompanied by their lawyer Yusuf Abubakar and hundreds of supporters said justice has finally prevailed.
“Todays’ decision has given hope to thousands of residents whose victory had been robbed, we are ready for a repeat election,” said Mr Kiponda adding that even if they appeal, the mistakes reveal by the court will not change and justice shall prevail.
In their reactions, however, Mr Mwathethe and Mr Omar whose seats were nullified have requested the proceedings of the petition and judgment with an intention of filing an appeal.