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BY CORRESPONDENT,MOMBASA,23RD FEB 2018-High court in Malindi has upheld Mohammed Ali’s election as Nyali MP .
Judge Lidya Achode said petitioner Daniel Omondi did not prove his case against the legislator, the IEBC and its officials.
On use of public resources and misuse of security agencies, the judge said there was no evidence that prisons officers guarding his rival intimidated voters or campaigned for him.
Achode further said the petitioner failed to prove that the security officers influenced the counting of votes at polling stations.
Ali acquired the office legally, she added, and further noted there wasn’t sufficient proof of voter bribery.
“The petitioner should have adduced evidence to show that Ali offered bribes,” she said. “It is not clear that bribery took place.”
Achode also said Omondi failed to prove that the colour scheme he used during his campaigns resembled Wiper Party’s.
She said both Ali and Wiper used blue but that the shades cannot be confused.
The petitioner has been ordered to bear the coast of the case amounting to KSH 7 Milion.
Addressing his supporters outside the court after the ruling,Ali accused Mombasa governor Hassan Joho for using his influence in deliberately fighting him politically.”Nataka kumwambia joho mimi ninamtegemea Mungu na wala sina miungu kamwe,amenipiga vita akiwa na nia ya kuniangamiza lakini mungu amekuwa na mi kila wakati”.(He said.loosely translated to i want to tell governor Joho that i rely on God who is my helper and strength,h has tired to fight mi politically every time.)