Appeal Court upholds Charity Ngilu's election

The Court of Appeal has upheld the election of Kitui Governor Charity Ngilu. It dismissed a petition filed by former Kitui Governor Julis Malombe.  [Photo: Courtesy]

The Court of Appeal has upheld the election of Kitui Governor Charity Ngilu.

The three-judge bench of Justices Mohamed Warsame, Roselyn Nambuye and Otieno Odek, said Ngilu's election met all constitutional thresholds and the petitioner had not provided enough evidence to meet qualifications for its nullification.

"We are satisfied that the Kitui gubernatorial election held on August 8,  2017 was conducted in accordance with the constitution and legal principals and the allegations raised against the said election do not meet the threshold for the nullification of an election," they ruled.

The court added that Ngilu's win and declaration was legal and legitimate.  

The court also ordered the petitioner, former Kitui Governor Julius Malombe, to shoulder the costs.

In March 2, 2018, the High Court ruled that Charity Ngilu was validly elected dismissing Dr Malombe's petition.

Dr the appeal he claimed that the High Court Justice Pauline Nyamweya who had handled his case was not gazetted to handle election petitions.

The ruling was read by Justice John Mativo on behalf of Justice Nyamweya.

Dr Malombe also averred that Ngilu's election was characterised by irregularities in a number of polling stations and that the results did not reflect the will of the voters.?

Ngilu worn the elections with 167,741 votes, followed by David Musila with 113,012 and Julius Malombe came third with 74,006 votes.