The Court of Appeal has validated the election of Ndiritu Muriithi as Laikipia Governor but reduced the cost to the petition from Sh12 million to Sh4.5 million.
Judges Asike Makhandia, Fatuma Sichale and Sankale ole Kantai noted on Tuesday that Muriithi was validly elected in the general election on August 8, 2017.
They dismissed claims that he should not have been cleared to contest, having moved from Jubilee Party days to the election.
The judges said petitioner Sammy Waity should have pursued the issue of nominations using dispute resolution mechanisms – through either an appeal or a judicial review application at the High Court.
The three further noted that the issue of nominations was not within the jurisdiction of the elections court and that it did not err in dismissing the ground.
The court also observed that the main petitioner withdrew from the case and that the affidavits he filed could not be used in the case.
“There was no merit in the case to warrant the reversal of the High Court decision,” the court said.
It however reduced the cost to the petitioner from Sh12 million to Sh1.5 million each to the Governor, the IEBC and returning officer Agnes Mutisya, bringing the total to Sh4.5 million.