Mombasa,KENYA: Mombasa high court on Tuesday upheld the election of Changamwe MP Omar Mwinyi.
Lady justice Njoki Mwangi ruled that IEBC conducted election according to the election law.
Jubilee aspirant Abdi Daib who challenged the re-election of Omar, was ordered to pay Sh.8 as petition cost.
Omar will receive sh. 4 million, IEBC 2 million and Changamwe returning officer to be paid sh. 2 million.
Speaking after the verdict, Mwinyi warned that he will not let outsiders create disharmony or tribal hatred in Changamwe constituency.
“If anyone wants to win elections in Changamwe, let him use voters from Changamwe and not outsiders. You cannot expect the courts to help you secure a win”, Said Omar.
Lady justice Mwangi directed office of DPP to investigate and prosecute polling clerks in Changamwe that allegedly committed electoral offences but dismissed application by Daib seeking to charge Changamwe returning officer with a criminal offence.
Daib challenged the election of Mwinyi alleging that there were multiple issuing of ballot papers, influence of voters, turning away of jubilee party agents and that KIEMS kit were faulty.
This verdict comes a few weeks after the recount of Changamwe constituency votes which kicked off in Shimanzi area of Mombasa.
This follows a high court order that ordered the scrutiny and recount of votes from 58 out of the 137 polling stations over allegations of irregularities.