A High court judge has thrown out a case in which rapper, Tay Grin requested for a vote recount for Lilongwe City Centre constituency where the rapper contested in the parliamentary race in just ended 2019 General Elections.
The Nyau King contested on a ticket of Democratic Progressive Party (DPP) but unfortunately he did not emerge a victor.
Following the loss, Grin applied for a vote recount arguing that there were some irregularities.
But in response, The High Court Judge in Lilongwe, Kenyatta Nyirenda noted that the rapper’s petition is wholly misconceived and be dismissed.
According to Nyasatimes, in his ruling, the high court Lilongwe registry judge stated that while section 114 of the parliamentary and presidential Election Act limits the subject matter of an appeal to a decision of the commission confirming or rejecting the excessive of an irregularity, a petition brought in terms of section 100 can be premised on any other cause whatsoever and not just limited to an irregularity.
It is said that under section 100 of the Act, the petition can go directly to the high court while under section 114, the complaint is enjoined to lie first to the commission, under Section 113 of the Act, and only go to the High Court by way of appeal.
Nyasatimes reports that the judge, Nyirenda further stated that his understanding of the provisions of section 114(1) of the Act is that an appeal under that section lies within a very narrow circumscribed compass.
“It is not all decisions of the commission that can be challenged under Section 114(1) of the Act. The only appeals that can be entertained under this provision are those that challenge a decision of the commission confirming or rejecting the existence of an irregularity.
“In the present case, I have read and re-read the petition and the exhibits attached thereto in search of a decision of the commission confirming or rejecting the existence of an irregularity but my search has been in vain. In the premises, the petition is wholly misconceived, it is, accordingly dismissed,”.
Also, rapper Fredokiss contested for a parliamentary seat for Blantyre City South Constituency but unfortunately he did not make it.
After the loss, Fredo assured people through social media that in 2024, he will again appear on the ballot paper and will make it to Malawi’s August house.