The court of appeal has dismissed the election petition against Mandera North MP Aden Mohamed Noor.
Justice David Onyancha ruled that allegations of irregularities cited in the petition by Mohamed’s closest rival, Bashir Haji Abdulahi, were not proved to the satisfaction of the court.
He declared that Noor was validly elected in the March 4 general election. Onyancha said he did not find sufficient proof that petitioner could have garnered more votes than those presented by the IEBC.
He ordered the petitioner to pay Sh6 million as cost of the suits to Mohammed, the IEBC, and Mandera county Senator Billow Kerrow who was named as a respondent in the petition.
Abdullahi is to pay Sh3 million to the MP, Sh1 million to Kerrow and 2 million to be shared by IEBC and the returning officer. After the verdict a jubilant Mohamed said the judgment had vindicated his win.
“The will of my constituents has prevailed. It was a malicious petition and now it’s over. I am ready to serve my people without fear and favor” said Mohamed.
In the petition, Abdulahi who contested on a TNA ticket had claimed that the election in some polling stations in the Constituency were marred with “serious irregularities” .
He had told court that the election was won through collusion and use of force by his opponent and the IEBC. He had dragged Senator Kerrow in the case alleging that he was directly involved in perpetuation of election offences to his detriment.
Abdulahi had alleged that his party agents were evicted from polling stations and that there were cases of impersonation and double voting.
He produced in court a video clip in which he claimed his opponent supporters caused chaos during the tallying process.
However, Aden Mohamed Noor of URP and the IEBC denied all the allegations. The two denied that the petitioner’s agents were denied access or evicted from any polling station.
In the election, the MP garnered 19,055 votes while the petitioner got 14,156.
The court had ordered a scrutiny of votes for six polling stations where the petitioner claimed irregularities occurred. A report of the scrutiny showed that there were few discrepancies.
– The star