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Court upholds Mandera Township Ward election

By MANASE OTSIALO
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A court in Mandera has upheld the election of Township Ward Rep Adan Maalim Abdullahi of Economic Freedom Party (EFP).

Peter Areri, the Senior Resident Magistrate, in his ruling said there was no evidence that Mr Abdullahi bribed and intimated voters during the last General Election.

Issack Feisal Abdinoor of Jubilee Party file the petitioned against Mr Abdullahi’s win accusing him of committing bribery at  three polling stations including, Township Primary School, Village Polytechnic, and Bula Mpya Primary School.

The petitioner argued that he was denied a chance to vote at Village Polytechnic in Mandera East Constituency where he was a registered voter. He said his registration was unknowingly transferred to Arda Hagarsu in Mandera North Constituency.

He alleged in his petition that 183 ballot papers at Geneva White House polling station stream two were marked at the back with a fake rubber stamp instead of the official stamp from the electoral agency.

Mr Abdinoor further alleged results from Geneva polling station were not sent to the tallying center.

He stated in the petition that several presiding officers hired by IEBC were relatives of the winner.

He accused the presiding officers of being biased and that they openly supported the EFP candidate.

In his ruling, the magistrate said the petitioner did not prove any of the raised allegations.

“The petitioner’s evidence is not specific, satisfactory, defective, cogent and or certain to warrant nullification of third respondent as the MCA Mandera Township Ward,” said Mr Areri.

Mr Areri concluded that the election was conducted substantially in accordance with principles of the constitution.

Mr Abdinoor was ordered to pay Sh2 million in costs to the three respondents. 

The magistrate said costs incurred are never awarded to enrich a successful litigant but on the contrary of to compensate for the expenses incurred in prosecuting or defending the petition.

Mr Abdullahi applauded the court decision describing it as a win for people of Mandera Township Ward.

“I am happy this is over and now I can serve my electorate without fear or favour because it has been proved that I was legally elected as their MCA,” said Mr Abdullahi.

Mr Abdinoor failed to show up in court and was among local leaders who defied the council of elders’ decision to step aside ahead of 2017 elections.