BY NAMULONGO PETER,NAIROBI,17TH AUG 2018-Embu governor Martin Wambora can now afford a smile after the court of appeal in Embu upheld his election .
The court ruled on Friday that the alleged irregularities were not attributable to WAMBORA as a person or candidate during the gubernatorial elections held in 2017.
In upholding the governor’s poll win, the court on Friday ruled Mr Wambora was validly elected and the irregularities cited by the opponent Lenny Kivuti could not be attributable to him.
Consequently, appellate judges William Ouko, Daniel Musinga, and Fatuma Sichale held that the governor could not be penalised for the errors that marred the poll.
“The burden of proof was not discharged by the petitioner and therefore the High Court erred in invalidating the Martin Wambora’s election as governor of Embu County,” the judges ruled.
They also found that the High Court relied on evidence not presented before the court.
In February, the High Court sitting in Embu nullified Mr Wambora’s poll win citing massive irregularities that it said compromised the integrity of the process.
Lenny Kivuti who is the main Challenger had gone to court claiming that the election were marred by irregularities as well as voter bribery.The high court upon scrutiny of the case handed Wambora a blow dismissing his election,prompting Wambora to go back to court to file an appeal.