High court terminates Musila’s application with costs

SUMMARY

  • Former Kitui senator David Musila has lost his submission to be enjoined in a petition challenging the election of Governor Charity Ngilu
  • Former Governor Julius Malombe petitioned Ngilu’s win citing irregularities during the election.
  • Kitui High Court judge Pauline Nyamweya terminated Musila’s application with costs.
  • Charity Ngilu was declared winner after obtaining 169,990 votes against Musila’s 114,827.
  • Malombe got 74,681 votes.

 

By Allan Tawai

Former Kitui senator David Musila on Thursday lost his submission be enjoined in a petition challenging the election of Governor Charity Ngilu.

Kitui High Court judge Pauline Nyamweya terminated Musila’s application with costs.

“I am satisfied that the applicant’s notice of motion dated October 23 lacks merit and is hereby dismissed with costs to the petitioner and the respondents,” Nyamweya said.

The former senator had wanted to be included in the case. He told the court that he had an interest in the case because the court could order an analysis and recount of votes in the election.

Charity Ngilu was declared winner of the August 8 election after reaping 169,990 votes against Musila’s 114,827.

Former Governor Julius Malombe, who has petitioned Ngilu’s win, got 74,681 votes. Malombe cited irregularities during the election.

In the suit, Malombe named as respondents Ngilu, the IEBC and Kitui county returning officer Albert Gogo.

He says Ngilu’s agents rigged the election and that his agents were barred from some polling stations.

Musila sought to be joined in the suit, arguing that he was a candidate in the election.

His lawyer Maurice Kimuli told the court on November 1, that a court order on the scrutiny of votes would affect Musila.

Both Ngilu and Malombe opposed the application.

Through lawyers Kioko Kilokumi and Apollo Muinde respectively, the two said Musila’s application was an attempt to enter the case through the backdoor.

Kilukumi said Musila had moved to court 79 days after the declaration of poll results, which was long past the constitutional deadline set for challenging elections.

 

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