Duale wins as court dismisses Maalim petition


duale
Garissa Township MP Aden Duale. [Photo/Courtesy]

In Summary

  • Sitting at the Milimani Law Courts in Nairobi, Justice Hedwig Ongudi ruled that the petitioner, former Deputy Speaker Farah Maalim, had not provided sufficient evidence to back his claims that the Garissa Township election was marred by irregularities.
  • Jusice Ongudi dismissed Maalim’s claims that Duale was involved in voter bribery, saying the petitioner had failed to prove the allegation.
  • The court ruled that Duale was validly elected and directed Maalim to pay Ksh.6 million as costs for the petition.

The High Court has dismissed a petition challenging the election of House Majority Leader Aden Duale as Member of Parliament for Garissa Township.

Sitting at the Milimani Law Courts in Nairobi, Justice Hedwig Ong’udi ruled that the petitioner, former National Assembly Deputy Speaker Farah Maalim, had not provided sufficient evidence to back his claims that the Garissa Township election was marred by irregularities.

Jusice Ong’udi dismissed all the allegations raised by Maalim and ruled that Duale was validly elected.

The Judge noted that there were no irregularities or malpractices that could warrant the annulment of the election, hence, dismissed the petition and submissions of 13 witnesses who testified in support of Maalim.

The court dismissed Maalim’s claims that Duale was involved in voter bribery, saying the petitioner had failed to prove the allegation.

The Judge also dismissed allegations that the Independent Electoral and Boundaries Commission deployed partisan staff to oversee the Garissa Township election.

The court found that claims by Maalim that public servants campaigned for Duale remained as mere allegations and that there was no evidence to show that voters were influenced to vote for Duale.

Justice Ong’udi directed Maalim to pay Ksh.6 million as costs for the petition. Half of the amount will be paid to Duale and the rest to the electoral body.

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Story By Dzuya Walter
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