Issuing the ruling, Justice Aggrey Muchelule stated that the petitioner had failed to furnish the court with proof of any irregularities or illegalities that she claimed to have happened during the contested polls.
The Judge explained that many of Ms Ndeti’s witnesses had failed to appear in court to defend their claims. He added that the claims of voter bribery, forgery and coercion were not backed by documents or video evidence, therefore, could not be admissible in the court.
He further justified his decision by citing precedents set by the courts that outlined that an election could not be nullified based on few irregularities due to human error.
The judge dismissed the case ordering Ms Ndeti to pay costs amounting to Sh5 Million to Governor Mutua and an equal amount to the Independent Electoral and Boundaries Commission (IEBC).
Ms Ndeti had also sought to have the court find that the Governor was not qualified to vie for the position and that he had irregularly appointed county officials appointed as clerks during the polls.
The court proceedings had been marred by dramatic events that, at one point, provoked Governor Mutua’s lawyers to walk out of the courtroom in protest.
Justice Muchelule had declined to grant the lawyer more time to peruse applications that had been submitted by the petitioners.
Dr Mutua’s attempts to have the case dismissed proved futile on many occasions during the court proceedings. Mutua argued that the filed applications had glaring errors including omitting the name of his deputy governor.
Justice Muchelule, however, granted Ms Wavinya’s application to have the IEBC present all the election materials used during the August 8 election.
“Mutua is just used to stealing, he stole from me the last time and he just continues to steal.
“We have written to IEBC and stated that we are rejecting the results,” Ms Ndeti claimed just a day after the polls, before the official announcement.