Supreme Court throws out case to unseat Oparanya

The Supreme Court has thrown out an application to unseat Kakamega Governor Wycliffe Oparanya, ending a court battle that lasted three years.

Judges ruled that the application by Ms Mable Muruli had not complied with the constitutional provisions on election petitions.

“This Court lacks jurisdiction to entertain the appeal as it was grounded on a High Court petition filed contrary to the constitution,” ruled justices Willy Mutunga, Kalpana Rawal, Jackton Ojwang, Philip Tunoi, Mohamed Ibrahim, Smoking Wanjala and Njoki Ndungu.

Ms Muruli’s efforts to become the county’s chief executive started at the Independent Electoral and Boundaries Commission (IEBC) dispute resolution tribunal after her nomination papers were rejected on the grounds that her degree certificate was not recognised by the Commission on University Education.

She moved to the High Court, which ordered that she be allowed to vie for the post but she was still locked out.

She returned to the High Court after the elections seeking to nullify Mr Oparanya’s election on the grounds that she was unfairly excluded from the contest despite a court order.

She alleged Mr Oparanya was not validly elected citing electoral malpractices such as voter bribery and that the election was not conducted freely and fairly.

She said there had been a conspiracy to block her and her supporters from taking part in the elections and that most voters were frustrated by her exclusion.

The High Court, however, dismissed the petition saying Ms Muruli failed to take part in the elections due to a consent she had signed with the IEBC and that her right to participate in the contest could not override the rights of the 468,146 voters, who took part in the 2013 general elections.

She challenged the ruling in the Court of Appeal but her appeal was also rejected, prompting her to move to the Supreme Court.

The Supreme Court judges also ordered Ms Muruli to bear the full cost of the suit.