Kilifi,KENYA:The Malindi high court on Friday annulled the election of Dabaso MCA Emmanuel Changwa.
In a ruling delivered by high court judge Weldon Korir , the judge said that an earlier ruling that had thrown out the petition challenging the election had not taken into consideration the circumstances under which the figure had been arrived at when adding the total votes from the polling stations.
The judge further said that there were a lot of inconsistencies on the form 36A and form 36C hence the election was not free and fair.
The petition had been filed by Amani national congress’s candidate Dickson Karani who had argued that he was denied victory following a tallying error in 5 polling stations including Dabaso primary,Dogo Kundu primary schools .
Emmanuel Changawa of the Orange Democratic Movement had been announced the winner after the August polls after he garnered 1901 votes against Dickson’s 1802 votes in the announcement ceremony held at Pwani University.
The court ordered Changwa to pay the costs of the suit which amounted to sh 600,000 while the IEBC was ordered to pay sh 300,000.
Speaking outside the Malindi law courts after the ruling, Dickson said he was happy with the ruling and said he was ready to go back to the ballot.