High court upholds Duale’s election

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It was a joyous day for Garissa Township Member of Parliament Aden Duale after High court upheld his win in the August 8th General Elections.

While delivering the judgment, Justice Hedwig Ong’udi said there were no irregularities proven to annul the election.

“No allegation has been proven to the required standard, I therefore uphold that the third respondent was validly elected as Carissa Township Member of Parliament,” the judge said.

Farah Maalim wanted Duale’s win nullified on grounds that the election was not conducted in accordance with the law.

He alleged there was bribery, violence, intimidation, threats, vote stuffing among others.

On the issue of bribery, the judge said no evidence was adduced before court to show any bribery at the polling stations.

 

Majority leader Aden Duale outside Milimani Law Courts after winning the election petition against him.

Justice Ong’udi said an agent had testified that he saw a man being chased away by a jubilee agent from the polling station. He also said that he saw a group of about 40 voters attack Maalim.

She further read that the driver of the petitioner said he saw someone chasing the petitioner and when he tried to rescue him, he was hit by a ‘rungu’. The driver said he reported the matter to the police.

However, she ruled no evidence was proded to show such a complaint was made at any police station.

Report on Scrutiny

Justice Ong’udi said according to the report presented in court by the Deputy Registrar on Scrutiny and recount of votes, over 35 polling stations were scrutinized contrary to the order of the court.
The judge said majority of the polling stations that were referred to by the petitioner were not stations, rather polling centers.
She said out of the stations prayed for scrutiny by Maalim, only 9 of them were actually polling stations.
” I find no discrepancies in the 9 polling stations that the court has considered,” the judge said.
She said according to the report, scrutiny was conducted in accordance with the law.
According to the polling centres that Maalim had requested be scrutinized, he therefore had access to more that 80 polling stations.

Maalim suffered another blow after the court ordered him to pay Sh 6 million as costs.

While defending his win, the leader of majority said the votes he got against his rival were far more than what he garnered in 2013, which he attributed to his development record.

Duale garnered 22,587 votes against former Deputy Speaker Maalim who got 14,897.

While addressing the media after the judgment, majority leader said the people of Carissa Township believe in the rule of law and the rule of law had been confirmed.

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