The Supreme Court on Wednesday upheld the election of Embu Governor Martin Wambora.
The court said there is no basis upon which to interfere with the appellate court’s decision.
Former Senator Lenny Kivuti moved to the Supreme Court to challenge the decision by the Court of Appeal on August 17, 2018.
This was after Wambora challenged the High Court’s decision in February last year that had nullified his August 2017 win.
Kivuti said he was not comfortable with the judges’ finding that Governor Wambora was validly elected.
Kivuti, in his appeal notice, stated that he was dissatisfied with the entire judgement delivered in Nairobi on August 17.
“Take notice that the 1st respondent herein being dissatisfied with the entire decision of Honourable Court of Appeal at Nyeri delivered on 17th August 2018….intends to appeal to the Supreme Court of Kenya against the whole of the said decision,” the notice said.
The Appeal ruling was delivered by Justices William Ouko, Daniel Musinga, and Fatuma Sichale.
The three judges said Kivuti, who challenged the governor’s victory in the August 2017 election, did not prove his case.
“The first respondent did not discharge the legal burden of proof to the required standards to show these alleged irregularities.”
“From what we have said, that burden was not discharged and therefore the learned judge erred in invalidating the appellant’s election,” they held.
The court said Justice William Musyoka, who nullified the election in February, dealt with issues that were not raised in the petition.
