The Mombasa High Court has validated the election of Changamwe MP Omar Mwinyi.
Justice Njoki Mwangi dismissed a petition filed by Mohamed Mahmoud Ali, a voter, challenging the election of Mr Mwinyi saying he was validly elected.
She said that irregularities cited in the petition are not huge enough to nullify the election of Mr Mwinyi.
The judge slapped the petitioner with a Sh8 million in costs to be paid to MP and the Independent Electoral and Boundaries Commission (IEBC).
Justice Mwangi recommended investigation of three polling clerks by the Director of Public Prosecutions over allegations of signing as agents of political parties.
She also declined to make recommendation for the investigation of the retuning officer saying any individual with particulars of election malpractices ought to report to the DPP.
“Alterations on Form 35 A were not done in any ulterior motives,” added the judge in her judgment which she read for two hours.
The judge also said that she was not persuaded that there was ethnic profiling during the election for Changamwe MP.
“None of the voters identified were denied a chance to vote,” said Justice Mwangi who added that the allegations of vote stuffing was unfounded.
Through lawyer Gikandi Ngibuini, the petitioner applied for certified copies of the judgment and proceedings with the intention of filing an appeal.
Mr Mwinyi was elated by the court’s decision and thanked IEBC for conducting credible election.