The Embu gubernatorial poll battle is headed to the highest court in the country after former Senator Lenny Kivuti moved to the Supreme Court to challenge the Court of Appeal’s decision to uphold election of Governor Martin Wambora.
Kivuti has filed a notice of appeal at the Nyeri Court of Appeal. In his notice, Lenny said that he was dissatisfied with the entire judgement delivered by the court of appeal.
“Take notice that the 1st respondent herein being dissatisfied with the entire decision of Honourable Court of Appeal at Nyeri delivered on 17th August 2018….intends to appeal to the Supreme Court of Kenya against the whole of the said decision,” the notice states.
The Court of Appeal On August 17, overturned High Court’s decision to nullify Martin Wambora’s re-election as Embu governor, saying that the irregularities cited by the opponent Lenny Kivuti could not be attributable to him.
The Court of Appeal ruling delivered by Justices William Ouko, Daniel Musinga, and Fatuma Sichale said that Kivuti failed to prove his case.
“The first respondent did not discharge the legal burden of proof to the required standards to show these alleged irregularities. That burden was not discharged and therefore the learned judge erred in invalidating the appellant’s election,” they held.
In February the High Court in Embu nullified the election of Wambora citing massive irregularities that it said compromised the integrity of the process.
Kivuti has named the Independent Electoral and Boundaries Commission (IEBC), Embu returning officer, Governor Wambora, and David Kariuki as respondents.
The former senator wants the Supreme Court to nullify Wambora’s election and call for new poll.
