Relief for UDA MCA as Court Reverses Nullification Ruling
The high court in Mombasa has reinstated Mombasa Member of County Assembly (MCA) for Tudor ward Samir Baloo as ward representative.
Justice Lady Florence Wangari has quashed Mombasa Principal Magistrate Vincent Adet’s decision to nullify Samir’s victory during last year’s general election in a petition filed by former area ODM civic leader Tobias Samba who had lost in last year’s elections.
The Magistrate had said in his judgment that the illegalities and irregularities exhibited and witnessed during the 2022 elections for the local MCA’s seat within Mombasa County had affected the results and the validity of the said elections.
The high court judge gave the UDA MCA a clean bill of health after an appeal filed by Baloo and the Independent Electoral and Boundaries Commission (IEBC) against the lower court’s decision. The lower court had ordered the electoral body to conduct fresh elections for the position of MCA, Tudor Ward, in Mombasa County in conformity with the Constitution of Kenya, the Elections Act, 2011 and the Regulations.
The high court judge said in her ruling that the court found merit in the appeal filed against the lower court ruling that Baloo’s election was illegal and thus null and void and be revoked.
Judge Wangari directed each party to the appeal to bear its own costs saying the election of Mombasa MCA was valid and he is to serve for a period of five years.
She reserved the lower court’s order that the IEBC, the local returning officer and the ousted MCA bear the cost of the petition capped at Kshs. 500,000 and not subject to any further taxation and to be divided equally between the electoral body and the local returning officer and Samir on the other hand.
The sub county returning officer had declared the results of the said elections as follows:
1-Baloo Samir Gulam Abass of UDA party, 4,587 votes
2-Inyanje Kennedy M of Jibebe party, 131 votes
3-Kadenge Japheth Charo of Kadu Asili party, 228 votes
4-Kiema Phillip Mbithi of KANU party, 119 votes
5-Malii David Mugua of Wiper party, 1023 votes
6-Samba Tobia Otieno of ODM party, 3642 votes
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