High Court upholds Kwale Governor Achani’s victory, clears her of voter bribery allegations

A High Court in Kwale has upheld the victory of Governor Fatma Achani in the August gubernatorial elections.

Justice Francis Gikonyo ruled that Achani was validly elected and that no evidence was presented before the court to prove allegations of irregularities and voter bribery.

The case was brought by two Kwale residents, who called more than eight witnesses to prove their case against Achani. In the petition, the complainants alleged that the Kwale gubernatorial elections were marred with irregularities, including voter bribery.

However, Justice Gikonyo ruled that there was no evidence that the elections were rigged.

“I find and hold that Achani was validly elected in the election conducted on August 9, 2022, for the position of the Governor of Kwale County,” said the judge.

Justice Gikonyo also stated that the allegations of voter bribery and other electoral malpractices as stated by the petitioners were not proven beyond a reasonable doubt.

On the claims that Achani personally committed election offenses, the judge noted that there was no evidence that she participated in any voter bribery or that she influenced voters to vote for her when she commissioned the construction of the county headquarters.

The judge also dismissed the claim that county employees were paid or promised heavy bonuses to campaign for Achani, stating that the evidence was weak and did not meet the evidential threshold.

The court also cleared Achani of any wrongdoing, explaining that there was no evidence she had influenced voters before, during and after the elections.

Justice Gikonyo noted that the petitioners should have proved that Achani knowingly contravened the Elections Act by personally participating in any electoral offense or through her agents.

The court also found that the Independent Electoral and Boundaries Commission (IEBC) conducted the polls in compliance with the Constitution and that it satisfactorily explained errors that were pointed out by the petitioners.

The ruling has been met with mixed reactions, with supporters of Achani hailing the decision as a victory for democracy, while opponents have expressed disappointment with the outcome.

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