The High Court has upheld the election of Nyali Member of National Assembly Mohammed Ali in the August 8 poll.
Judge Lidya Achode dismissed with costs the petition lodged by Daniel Omondi, a voter, saying it lacked evidence to warrant nullification of the election of the former journalist.
She ordered Omondi to pay Sh7 million to Ali and the Independence Electoral and Boundaries Commission (IEBC). The petitioner is a supporter of Said Abdalla, who lost the August 8 poll to Ali.
“The petitioner did not provide reliable evidence to warrant nullification of the poll. He did not prove his case against the legislator, the IEBC and its official,” said Achode.
She said Omondi had failed to prove his claims on the use of public resources and misuse of security agencies by the petitioner,adding that there was no evidence that prisons officers guarding his rival intimidated voters or campaigned for him.
Achode further said the petitioner failed to prove that the security officers influenced the counting of votes at polling stations. She also dismissed claims of voter bribery said there was no evidence to prove this.
“It is not clear how bribery happened. The petitioner did not adduce evidence to show that the MP offered bribes to voters,” she said.
Addressing the media and supporters after the ruling, Ali accused Mombasa governor Hassan Joho of sponsoring the petition against him saying the ruling had validated his election victory in the August 8 poll. He pledged to unite the constituency and deliver on his election pledges.