Machakos Governor Alfred Mutua is not only mourning the loss of his election following an appeal by his rival Wavinya Ndeti but the court also asked him to pay the cost of the suit.
At the High Court, Dr Mutua was a joyous man after Justice Aggrey Muchelule dismissed the election petition and asked Ms Ndeti to pay Sh10 million in costs.
But his 10 million celebration has been mashed following the successful appeal, now Mutua has been condemned to pay the costs incurred by Ms Ndeti as she challenged the August 8 election results.
In the decision on Friday, Justices William Ouko, Mohamed Warsame and Gatembu Kairu directed the Independent Electoral and Boundaries Commission to pay a total of Sh2.5 million to Ms Ndeti.
Dr Mutua too, was directed to pay the same amount to Ms Ndeti.
“The 3rd respondent shall pay the appellants costs of this appeal, to be taxed, but not to exceed Kshs. 1,000,000.00,” the judges said.
“We direct IEBC to organise and conduct a fresh gubernatorial election for Machakos County in conformity with the Constitution, the Elections Act and the Regulations,” the judges said after ruling that the validity of the results could not be ascertained.
In Embakasi East, Paul Ongili Babu Owino was also saved from paying costs to his rival Francis Mureithi who will have to pay Owino Sh4 million in costs.