The High Court has upheld the election of National Assembly Majority Leader Aden Duale as the Member of Parliament for Garissa Township.
Issuing the ruling at Milimani Law Courts in Nairobi on Tuesday, Justice Hedwig Ong’udi dismissed the petition filed former National Assembly Deputy Speaker Farah Maalim.
The Judge ruled that the petitioner failed to present sufficient evidence to prove his claims that the Garissa Township Parliamentary election was marred by irregularities.
The court further ruled that it found no irregularities or malpractices that could warrant the nullification of the election, hence, struck out the petition and submissions of 13 witnesses, who testified in support of the Wiper candidate.
The court also dismissed Maalim’s allegations that Duale was involved in voter bribery and that the Independent Electoral and Boundaries Commission (IEBC) deployed partisan officials to conduct the election. Also dismissed were claims by Maalim that Duale used public servants to woo voters.
Consequently, Maalim was ordered to pay Sh6 million as costs for the petition; half of the amount will be paid to Duale, the rest to the electoral commission.
However, speaking after the ruling, Maalim vowed to appeal the decision by Justice Ong’udi.
“I respect the Judiciary. I respect the judgement made by the judge. They aren’t always right and they might be wrong and you prove that in another court. I will go to the Court of Appeal to prove that this judgement was flawed,” said Farah Maalim.
“We feel that there is evidence that wasn’t taken into consideration and I want to believe that that is on the judge’s opinion of that. We feel we will get a different ruling at a higher court,” Maalim added.
