The High Court on Thursday, February 16 dismissed a petition seeking to nullify the election victory of Kilifi Governor Gideon Mung’aro.

In a ruling delivered virtually, Lady Justice Ann Adwera Onginjo said the petition did not have any merit and dismissed all allegations levelled against the governor, his deputy, the Independent Electoral and Boundaries Commission (IEBC) and the election body’s Kilifi County Returning Officer.

In their petition, Justine Chirume, Baya and Tsui had named the IEBC, Kilifi County Returning Officer Hussein Gurre, Mung’aro and his deputy Flora Mbetsa Chibule as first to fourth respondents.

They claimed there were massive irregularities, including voter bribery, voter intimidation and ballot stuffing, during the Kilifi gubernatorial elections and wanted the court to nullify Mr. Mung’aro’s election win and order fresh polls.

In Thursday’s judgment, the petitioners suffered double jeopardy when the judge ordered them to pay the respondents costs amounting to Ksh6 million and also forfeit the Ksh500,000 fee they paid while filing the petition.

IEBC and Gurre will receive Ksh3 million while balance of Ksh3 million will be paid to Mung’aro and Ms Chibule.

The judge directed that the Ksh500,000 deposited by the petitioners during the filing of the case would also be shared equally between Mung’aro and Chibule on the one hand and the IEBC and Gurre on the other.

Mung’aro’s election victory

Meanwhile, the residents of Kilifi town demonstrated in the streets celebrating the court decision that upheld Mung’aro’s election win.

Carrying placards and beating drums, Mung’aro’s supporters marched to and camped at the Governor’s office, singing songs of praise for his win.

Mung’aro thanked his legal team and the people of Kilifi for standing with him during the entire duration of the case.

“I want to thank my lawyers who worked around the clock to make sure that we win. It has happened and this goes not only to my lawyers but the entire people of Kilifi for their unwavering support when the case was lodged in court until today when the judgement has been delivered,” the Governor said.

Mung’aro, who was represented by Malindi advocates Tukero ole Kina and Benjamin Binyenya, said that he knew from the word go that the case the case would collapse because he was sure that he won fairly.

“The people of Kilifi spoke and voted for me in big numbers. When the case was filed, we were optimistic that it would fail,” he said.

Ms Chibule on her part said the court decision was an act of God and that the people of Kilifi can now sigh with relief.

“God has been with us and this victory is not only for us but to the entire people. We should therefore forget the past and concentrate on service delivery to the great people of Kilifi,” she said.

During the August 9, 2022 polls, Mung’aro garnered 143,773 votes to secure victory against Ms Aisha Jumwa Karisa Katana (now Public Service CS) who polled 68,893 and lawyer George Kithi of the Pamoja African Alliance (PAA), who got 64,326 votes.