Mutua puts up spirited fight as Supreme Court begins poll petition hearing
Machakos Governor Alfred Mutua has put up a spirited fight at the Supreme Court in a bid to overturn the decision by the Court of Appeal that nullified his election. Through lawyer Kioko Kilukumi, Mutua said the Appeal judges erred by nullifying the elections on grounds that it failed the test of constitutional verifiability.
Kilukumi further said even though the returning officer deviated from the subscribed form when she declared the results, the results have not been challenged by any party He also argued that the form in question was signed by all agents including those from Wiper and Mandeleo Chap Chap and none of them was brought to testify and dispute the results.
On June 8, the Court of Appeal nullified Mutua's election after his arch-rival Wavinya Ndeti appealed High Court ruling that had upheld his August 8, 2017 election win. However, Wavinya through lawyer Ahmednasir Abdullahi asked the judges to uphold the court of appeal judgement arguing that until now Machakos residents don’t know who won the elections. Abdullahi claims that IEBC cooked up the results by using a different form 37 C to declare the results.