Garissa County governor Nadhif Jama addressing the press outside Supreme Court after the Supreme Court judges reinstated Nadhif Jama as Garissa County governor.
BY SAM ALFAN.
The Supreme Court has reinstated Nadhif Jama as Garissa County governor.
The highest court on the land quashed the ruling by the Court of Appeal that nullified Nadhif’s election on grounds that the minimal irregularities cited by the appellate court were not sufficient to tilt the March 4th gubernatorial elections in Garissa for the drastic election.
“The Judgment of the Court of Appeal sitting at Nairobi, dated 23rd April, 2014 annulling the election of Nathif Jama Adan as Governor of Garissa County, is hereby reversed. The Petition of Appeal dated 29th April, 2014, is allowed.”supreme court judges decleared.
The Court of Appeal sitting in Nairobi had nullified Nadhif’s election in April 2014 citing several irregularities.
The six judge bench overturned the court of appeal verdict that was delivered in April 2014. Led by Chief Justice Willy Mutunga the court made its orders in favor of Nathif Jamaa the Governor whose future seemed uncertain.
“We are in agreement with the trial Judge that, on the basis of all evidence brought before the Court; the proven irregularities did not have the effect of vitiating the election-outcome. The voices of the voters of Garissa County have been sounded clearly; and we agree with the trial Judge, that the winner of the gubernatorial election of 4th March, 2013 is beckoning unequivocally.”Judgment emphasized.
In its ruling the Supreme Court tore into the court of appeal bench of Judges David Maraga, John Mwera and Philomena Mwilu who had faulted the high court for not allowing a scrutiny of votes cast in a petition filed by a voter Abdul Rahman.
“In this regard, the Petitioners did not lead any evidence that the lack of signatures or stamp of the presiding officers in Forms 35 for the above mentioned -44- Petition No. 13 of 2014
Polling stations affected the outcome of the election. Further, the Petitioners did not even challenge the results that were tallied and declared at those polling stations. It is not enough for the Petitioners to merely allege and indicate a failure on the part of the 1st and 2nd Respondent, but it was also essential for them to demonstrate that such failure affected the result of the election.” Said the judgment.
The judges said the petitioners challenging Jama’s election did not apply for the scrutiny and recount of the votes Mutunga took on the judges to keep abreast of what is happening in other courts in order to come up with informed judgments.
The elated governor who was carried shoulder high by his supporters urged his opponents to join him to move the county of Garissa forward.
He also said that the county has been hit by insecurity incidences and that it is high time that they come up with solutions to the problem together as a county.