Nyali MP Mohammed Ali election upheld by Court of Appeal
The Court of Appeal has ruled that Nyali MP Mohammed Ali (Jicho Pevu) was validly elected as a member of parliament.
The appellate judges ruled that IEBC conducted the August poll in the constituency in accordance with the law.
A Nyali constituency voter Mr. Daniel Onyango Abwao had moved to the Appellant court seeking to nullify the election of Mohammed Ali as the area MP.
He accused Ali of using opposition leader Raila Odinga’s image in his campaign posters despite being an independent candidate.
“He used Orange Democratic Movement party colours and yet he was not ODM parliamentary candidate. He used the photograph of the ODM presidential candidate Raila Odinga which made him ride on ODM’s popularity,” Abwao through his lawyer, told the judges.
But Judge Martha Koome said the petitioner failed to prove allegations against Ali, IEBC and its official.
She said Abdalla Saido left the burden of proof to Ali yet he is the one who filed the petition.
The petitioner also claimed that the MP used the images of NASA principals to pose as an ODM candidate.
However, the three judges said none of the issues were proven as no evidence was adduced to support the claims.