Setback for UDA as Court Nullifies Tudor Ward MCA Election
By Tobby Otum
Mombasa Member of County Assembly (MCA) for Tudor ward Samir Baloo has lost his ward representative seat.
Mombasa Principal Magistrate Vincent Adet nullified Samir’s election during last year’s general election in a petition filed by ODM candidate Tobias Samba who lost his second bid to retain the civic seat.
The Magistrate said in his judgment that the illegalities and irregularities exhibited and witnessed in the 2022 polls in the position of local MCA within Mombasa County affected the results and the validity of the said elections.
Adet said the polls conducted in the ward within Mombasa County by the Independent Electoral and Boundaries Commission (IEBC) and local returning officer did not comply with the Constitution of Kenya of 2010 and the Elections Act of 2011 and the Regulations.
Upon counting the votes, the sub county returning officer 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
He said that the incumbent was not validly elected as Member of County Assembly for Tudor Ward in Mombasa County.
“The local returning officer’s declaration of Samir as elected is illegal, null and void and the said declaration be revoked, cancelled and nullified forthwith,” he pointed out.
The court issued an order to the IEBC to conduct fresh elections for the position of Member of County Assembly, Tudor Ward, in Mombasa County in conformity with the Constitution of Kenya, the Elections Act, 2011 and the Regulations.
Adet ordered the IEBC, the local returning officer and ousted MCA to bear the cost of the petition capped at Kshs. 500,000 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.
Samba, through his counsel Olunga, had moved to court to challenge his loss in a petition filed last year, September, seeking orders to declare the Tudor ward elections did not comply with the Constitution of Kenya, 2010, the Elections Act, 2011 and the Regulations.
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