Machakos governor Alfred Mutua today told the supreme court that the appeal court erred in nullifying his election on the single ground that it failed the constitutional test of verifiability.

Mutua said the deviation of form 37c to excel format was for efficiency and accuracy and did not affect the will of the people.

Mutua was making his submissions in the apex court through his lawyer,Kioko Kilukumi in a case where he is seeking his election to be upheld after it was nullified by the appellate court on a technicality of Mutua said the verification of an election process starts from the polling station from the issuance of a ballot paper at the station where the results are first announced right through to county tallying center and the forms were signed by agents of the petitioner,Wavinya Ndeti who moved to the appeal court after the high court upheld Mutua's election victory.


The governor told the court that the law allowed the deviation from the described form and was never intended to mislead,derail or destruct the accuracy of the actual results, and that Machakos case was not exceptional since the same format was used nationally.

The supreme court was also told that it remained a mystery why Wavinya had initially applied for scrutiny of the votes only to abandon it later on before Machakos high court.

Independent Election and Boundaries Commission (IEBC) Lawyer Kimani Muhoro told the apex court that the high court dismissed allegations by Ms Ndeti that governor Mutua used public officers in the election and expunged the list of the supposed officers that she filed before court.


Mr Muhoro told the Court that the commission met it's constitutional mandate in conducting the polls and Mutua was validly elected.


Kimani was responding to remarks by Wavinya's lead counsel city lawyer Ahmednasir that the Machakos Gubernatorial election was not verifiable, and that county workers manned the poll as agents .


The five judge bench led by Chief Justice David Maranga, Smoking Wanjala,Njoki Ndung'u, Mohame Ibrahim and Isaac Lenaola will deliver judgement on notice.