The Governor of Kwale County Fatuma Achani, has experienced some relief after the Mombasa Court dismissed the lawsuit challenging her victory in the August 9th 2022 General elections.
Judge Francis Gikonyo concluded that there was insufficient evidence to establish that the election was flawed. Achani planned a celebration at her Kwale home where she shared her happiness at winning a second time.
“Many people did not think a woman could hold a leadership position. This gave me more courage and self-assurance that, despite being a woman, you can fight any battle and win,” She said.
She urged her opponents to work with her so that they may all serve the people of Kwale. Her supporters remarked that the opposition lawmakers should now give the Governor time to deliver development to the people after the decision had been made by the court.
The case was presented to the court by Mr Dziwe Pala and Mr Suleiman Ali, who are residents of Kwale. Speaking about the court’s decision, Mr Pala said he still believes the County should have a better leader.
“The verdict has not favored us, but as an activist, what I can do is to continue to encourage residents to vote for the best leaders every time so that we don’t find ourselves in a situation like this,” he said.
He added that they will consult before making a decision whether to appeal against the verdict.
However, Judge Gikonyo said the allegation that voters were bribed and other allegations about election irregularities as stated by the complainants were not fully substantiated.
The judge referred to the plaintiffs’ claims as speculative accusations and that they were not adequately explained or supported by evidence.
He absolved Ms Achani of allegations that she used her power as Deputy Governor to persuade voters to elect her as Governor. The court also said that the names of the voters who were supposed to be paid Sh600 after showing proof of voting for Mrs. Achani were not disclosed by the complainants.
“I have established that this evidence, has no basis, is speculative, unreliable, and falls short of the necessary standard of proof. I therefore dispute these assertions,” he declared.
The Independent Electoral and Boundaries Commission (IEBC) was also absolved of any wrongdoing, claiming that it had carried out the election in conformity with the constitution and that it defended itself satisfactorily against the errors that were mentioned by the complainants.
Achani, who is a member of the UDA party was declared the winner of the election after garnering 59,674 votes. She was followed by Prof. Hamadi Boga of ODM who got 53,972 votes and Mr Lung’anzi Chai of the PAA Party who got 47,301 votes.
