Chao’s as court upholds Mohamed Ali’s election as Nyali legislator

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Supporters of Nyali MP Mohamed Ali celebrating with him after a court of appeal ruling that threw out a petition challenging his win HILLARY MAKOKHA

Mombasa,KENYA:There were chaos outside the Mombasa high court on Friday after the court dismissed an election petition challenging the election of Nyali Member of Parliament Mohammed Ali alias Jicho Pevu.
Police were forced to fire into the air to disperse a standoff between Ali’s supporters and his ODM opponent Said Abdalla supporters.

The petition was filed by a Nyali voter Daniel Omondi Abwao seeking court to declare Mohammed Ali not validly elected.

Mr.Abwao also wanted court to order for fresh elections in Nyali Constituency and legal action taken against the three respondents over alleged election multipractices.

He accused Mr.Ali of using NASA colours during campaigns despite being an independent candidate.He further submitted that Ali used the portrait of the NASA presesidential candidate Raila Odinga but court dismissed the allegation citing that the petitioner did not raise the complain to the IEBC.

Court also dismissed allegations that Mohammed Ali used public resourses during the campaign period with Justice Achode saying that Mr.Ali applied for the security from the county commander according to the law and given prisoner officers as his security.

“The petition did not show how security officers attached to the MP influenced election process I therefore dismiss the allegations’’said Achode.
Other grounds filed by Mr.Abwao to support his petition include; display of campaign material at the polling station, use of violence and intimidation by Mohammed Ali on eletion day, voter bribery and election not being conducted according to the election law.

But Justice Achode ruled that IEBC and the returning officer for the Nyali constituency availed all the form 35As,form 35Bs used to declare winner,all the polling station dairies,ballot boxes which court went through and proved that election was done according to the law.

“The petitioner has not produced evidence to show the election was compromised and he did not show how Nyali MP Commited any crime I therefore dismiss the petition with the cost”ruled Achode.

The court also ordered the petitioner to pay IEBC and Nyali constituency returning officer a cost of Sh.3.5 million,he will also pay Mohammed Ali a cost of Sh.3.5 million.

But speaking to the press after the ruling Mr. Abdallah said he would appeal the decision .

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