NAIROBI, Kenya, Feb 6 – The Supreme Court has upheld the election of Lamu Governor Fahim Twaha, ruling out allegations of fraud and discrepancies his opponent said discredited the 2017 gubernatorial election.
Justice Mohammed Ibrahim said in a ruling on Wednesday the petition by former Governor Issa Timamy lacked merit, ordering him to bear the costs.
“The appellant’s allegations that the elections were not conducted in accordance with the constitutional principles of impartiality, transparency, and neutrality are without merit,” Justice Ibrahim outlined.
“The appeal dated September 10, 2018 is hereby dismissed and for avoidance of doubt the declaration of results in respect of the governor of Lamu is hereby affirmed,” he further ordered.
Speaking to the press after the ruling, Twaha commended the court for affirming his election urging his opponent to join him in working for the prosperity of Lamu residents.
“We thank God and are particularly grateful that we live in a country governed by the rule of law. The court has spoken freely and independently without undue influence,” the governor who clinched the seat of a Jubilee Party ticket said.
He pledged to reach out to him opponent in a bid to unite the county.
“Everyone will be free to express themselves in Lamu but I would urge that we unite so that we can deliver to our people as opposed to constant wrangles on unproductive matters,” Twaha pointed out.
In another ruling, the Supreme Court upheld the election of Omar Mwinyi as Changamwe legislator.
Lady Justice Njoki Ndung’u said the petition challenging Mwinyi’s election in the 2017 parliamentary elections lacked merit.
“The Court of Appeal correctly analyzed the effects of illegalities and irregularities on the election and we cannot fault their finding that they were not of such a magnitude as to justify the invalidation of the disputed election,” she said.
“We’re of the view that the will of the people of Changamwe was duly expressed. While there may have been imperfection in the conduct of the elections, they did not impede or affect the overall outcome of results,” Lady Justice Ndung’u noted in a ruling she delivered on behalf of a bench of the apex court.