The African Court on Human and People’s Rights in Tanzania has thrown out an application by Democratic Progressive Party (DPP) politician Symon Vuwa Kaunda who wanted a judicial review over the nullification of his 2019 win in Nkhatabay Central parliamentary elections.
Kaunda also asked the court to stop Malawi from conducting by-elections in Nkhata Bay Central Constituency until application is fully determined.
“The court declines to exercise it’s power under Article 27(2) of the Protocol and Rule 59(1) of it’s Rules, so order the Respondent State to stay the conduct if the by-election ordered by the Supreme Court of Appeal for the Nkhata Bay Central Constituency pending the determination of the application on the merit,” reads part of the ruling.
Kaunda went to the Africa Court after the Supreme Court of Appeal in Malawi nullified his win.
In 2019, MEC declared Kaunda as winner of the elections with 6,418 votes against close competitor Ralph Mhone’s 6,412.
Mhone challenged Vuwa’s election arguing that there were irregularities that affected the outcome.
Following the Supreme Court’s ruling, the electoral commission is currently activities ahead of a by-election in Nkhatabay Central.