Machakos Governor Alfred Mutua Takes Battle for His Seat to the Supreme Court

Machakos Governor Alfred Mutua has moved to the Supreme Court seeking to have a ruling by the Appeals Court, which nullified his election earlier this month, overturned.

In his appeal filed at the country's highest court on Friday, Mutua maintains that he won the election fairly and that the Independent Electoral Boundaries Commission (IEBC) adhered to the law in conducting the poll.

“The learned judges of the Court of Appeal erred in law in failing to balance competing constitutional rights, namely the right to vote and be elected under Article 38 of the Constitution and the right to have a verifiable election where the results are accurately collated under Articles 81 and 86 of the Constitution”, court documents read.

Mutua, who is also Maendelo Chap Chap leader further argues that the Appellate Court erred in law in paying undue regard to forms and procedural technicalities, thus subverting substantive justice contrary to Article 159 (2)(d) of the Constitution.

“The learned judges of the Court of Appeal contradicted themselves by admitting the Appeal for hearing based on the need for substantive justice under Article 159(2) of the Constitution and proceeding to nullify the election based on technicalities,” he noted.

Supreme Court deputy registrar has directed the file be tabled before the Deputy Chief Justice for further directions.

On June 8th, the Appeals Court nullified Mutua’s victory in the August 8th, 2017 elections on grounds that the election results announced by the County returning officer failed the Constitutional test and couldn't be verified.

The election was overturned after his competitor Wavinya Ndeti of Wiper challenged a ruling by the High Court upholding Mutua's victory.