BY SAM ALFAN.
High Court has ruled that the governor he was not validly elected and cleared to run for the seat.
Irregularities-Ro opened some ballot boxes from polling stations after they had already been sealed.
Court noted that he didn’t have a degree.
Court noted that there was alterations in some forms yet there was no counter signing as required by the law.
Many Voters were assisted in voting thereby compromising the integrity of the process.
Further the courtsaid that many forms were not genuine there were either photocopies with no water marks or print outs and did not explain where the origninals were.
“In totality the court hereby finds that the petitioners have succeeded in convincing the court they the election was not conducted in a free and fair manner”ruled justice Fred Mabeya.
Mabeya furthur ordered by election to be held in accordance with the electoral laws and the constitution.
Mabeya said the governor failed to turn up in court to dispel claims the he did not have a degree.
He said coming to court for cross examination was a good chance for him to rebut the allegations.
“Accordingly I make a finding that as at 8th August 2017, the Ist respondent-governor Muhammed Abdi Mahamud did not have the academic qualifications to vie for position of governor. He was therefore not legally cleared to vie for that position as he did not satisfy the provisions of section 22(2)of the Election act, “ruled justice Mabeya.
The court also noted that the principles of the secrecy of the ballot was breached and that the record of the election through the prescribed forms 37 a, 37B and 37 C was neither acco8untable nor credible.
“Because of the irregularities committed by IEBC, the elections could not be verified, from the irregularities committed by IEBC cannot be said to have conducted the elections competently and efficiently,”said Mabeya.
Court faulted IEBC for employing officials who were incompetent and whose conduct made the elections unaccountable and unverifiable.
The respondents were directed to pay cost of 2 million shillings.
