Court allows Governor Cornel Rasanga to carry ODM flag

Siaya Governor Cornel Rasanga. He has survived a poll petition filed by Nicholas Gumbo. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Mr Rasanga will battle for re-election against Rarieda MP Nicholas Gumbo, an independent candidate.
  • Judge Mwita had said the Tribunal erred by failing to establish whether the petitioners were ODM members.

An appeal challenging the nomination of Mr Cornel Rasanga as the Orange Democratic Movement candidate for the Siaya governorship position has been dismissed by the Court of Appeal.

Judges Erustus Githinji, Hannah Okwengu and Jamila Mohammed said the appeal filed by Mr Jeckonia Okungu Ogutu and Mr Julius Ooko Okayo lacks merit.

"We agree with lawyers Paul Amunga and Odhiambo Wackla that the appeal does not serve any public interest since opponents of Mr Rasanga have since gone independent," the judges ruled.

NOMINATION

Mr Rasanga, the incumbent, will battle for re-election against Rarieda MP Nicholas Gumbo, an independent candidate.

The judges said that one of the petitioners, Mr Ogutu, did not participate in the ODM nomination in which Mr Rasanga was declared the winner by the returning officer.

"The other parties on whose behalf this appeal is being pursued have since decamped from the ODM party and are now trying their lack on the gubernatorial seat as independent candidates," they said.

TRIBUNAL
The court proceeded to dismiss the application with no orders as to costs payable.

The judges concurred with the ruling of High Court judge Enock Chacha Mwita who reinstated Mr Rasanga as the ODM candidate for the seat.

Lawyer Omwanza Ombati was representing Mr Ogutu who had lost the petition seeking a repeat of the primary before the Political Parties Disputes Tribunal (PPDT).

ELECTIONS
Mr Ombati had appealed against the PPDT decision before judge Mwita, which barred ODM from presenting the name Mr Rasanga as its candidate to the Independent Electoral and Boundaries Commission (IEBC).

Justice Mwita reversed the Tribunal's verdict arguing it "reached its decision to block the candidature of Mr Rasanga without tangible evidence".

Instead, the judge directed ODM to submit the name of Mr Rasanga to the electoral agency for inclusion in the list of candidates lined up for the August 8 elections.

MEMBERS
Further, the High Court judge had said the Tribunal erred in law and fact by failing to establish whether the two petitioners were registered and bona fide ODM members.

He said that if the petitioners are party members, they qualify to lodge the complaint.

"The petitioners just made generalised and wild allegations of voter bribery besides other electoral malpractices," Justice Mwita ruled.

Mr Ombati had told the judge the nomination was flawed, and asked him to order a repeat.