Anxiety for leaders facing petitions

Leaders with election petitions in courts are waiting anxiously as judges finalise the cases ahead of next month’s deadline

Tuesday August 13 2013

PHOTO | ISAAC WALE High Court clerks recount votes August 13, 2013 in line with a High Court order after a petitioner challenged the election of Matungu MP David Were.

PHOTO | ISAAC WALE High Court clerks recount votes August 13, 2013 in line with a High Court order after a petitioner challenged the election of Matungu MP David Were. NATION MEDIA GROUP

By NATION TEAM [email protected]

Leaders with election petitions in courts are waiting anxiously as judges finalise the cases ahead of next month’s deadline.

The Constitution stipulates that petitions must be determined in six months and, as most were filed in April, judgments are expected before the end of September.

Six petitions are pending in Mombasa, some of which are still being heard, while the parties in the others are preparing submissions.

Parties in the petition by former Bura MP Abdi Nuh against the election of Mr Ali Wario are working on their submissions which they will highlight on a date yet to be set by the court.

The same applies to a petition against Kwale Senator Boy Juma Boy by two challengers.

Petitions still being heard include one by Mr Suleiman Shahbal challenging the election of Mr Hassan Joho as Mombasa governor. The case has been adjourned to August 26.

Have been dismissed

Two petitions against Lunga Lunga MP Khatib Mwashetani are being heard, as are those filed against the Changamwe, Jomvu and Taveta MPs.

In a petition against Kilifi Governor Amason Kingi, Lady Justice Christine Meoli is expected to give a verdict on August 20, 2013.

In Western, the election of Bungoma Senator Moses Wetang’ula has been challenged by former nominated MP Musikari Kombo. Lawyers are expected to highlight their submissions in court on August 28.

Six petitions were filed before the two judges but two have been dismissed.

The petition challenging the election of Bumula MP Boniface Otsiula was withdrawn while another filed by voter Godfrey Masaba against Bungoma County Women Representative Reginalda Wanyonyi was dismissed after the petitioner failed to raise the mandatory Sh500,000 deposit.

A petition challenging the election of Tongaren MP Eseli Simiyu has been completed and a ruling is awaited.

Lady Justice Hellen Omondi has also concluded hearing a petition by former Webuye MP Joash Wamang’oli against the election of Mr Dan Wanyama as Webuye West MP. The judgment is expected on September 30.

In Kabuchai constituency where Mr Phillip Mukui is challenging the election of MP James Lusweti, Justice Omondi ordered a recount of votes from selected polling stations.

The case challenging the election of Webuye East MP Alfred Sambu by voter Moses Lukoye, is in progress before Mr Justice Francis Gikonyo.

All pending applications in a case where the election of Trans Nzoia Governor Patrick Khaemba is being disputed by former cabinet minister Noah Wekesa are set to be cleared by the High Court in Kitale to pave the way for hearing of the case.

The challenge of the victory of Saboti MP David Wekesa is in progress at the Kitale courts where the legislator faces two petitioners.

In another case, former Kitale mayor Joshua Werunga has appealed against a High Court ruling that last week struck out his challenge against the election of Mr Robert Pukose as Endebess MP. The court said the case was filed 30 days after the results were announced instead of the required 28.

Political bigwigs in western Kenya are among those whose fate will be decided next month.

Judgment in Kakamega Governor Wycliff Oparanya’s case, whose election has been challenged by Ms Mabel Muruli, is expected on September 13. Ms Muruli was locked out of the contest by the IEBC on grounds of academic qualifications.

In Kisii, Senator Chris Obure will know his fate on September 16 when the court will rule on a suit filed by Mr Omingo Magara.
Bomet Senator Wilfred Lesan will on August 19 find out whether he will continue to serve in this capacity after Kanu secretary-general Nick Salat challenged his election.

In Homa Bay, Lady Justice Esther Maina will on September 5 rule on the eagerly awaited Migori governorship petition in which Prof Edward Akongo Oyugi is seeking to nullify Mr Zachary Okoth Obado’s election.

At the High Court in Kisumu, Siaya Governor Amoth Rasanga will know his fate on August 23 after Mr William Oduol sought the intervention of the courts.

In Kakamega and Vihiga, six petitions are being heard.

In Bomachoge Borabu constituency, a petition by losers Peter Kimori and Albert Nyaundi challenging the election of Mr Joel Onyancha is still at the preliminary stage.

And in Nyaribari Chache, MP Chris Bichage’s win has been challenged by Mr Richard Tongi.

Reported by Eunice Machuhi, Erick Ngobilo, Philip Bwayo, Elvis Ondieki, Benson Amadala, Maurice Kaluoch, Timothy Kemei and Jackline Moraa

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