Appeals court overturns decision locking out Utalii Ward aspirant

The court of appeal on Monday reinstated an Orange Democratic Movement (ODM) candidate for Utalii Ward who had been barred from participating in Tuesday’s general election.

Appellate Judges Roselyn Nambuye, Prof Otieno Odek and Kathurima M’Inoti quashed a decision by Lady Justice Jessie Lesiit that kicking out Wilson Ogele Ochola from the hotly contested county assembly seat a few days to the elections.

The appellate judges had been told the order removing Mr Ochola’s name from the ballot papers disenfranchise him and his supporters for denying them a chance to elect an MCA of their choice.

DECISION

“We accordingly allow the appeal, set aside the judgement and decree of the Justice Lessit dated August 1, 2017,” ruled Nambuye, M’Inoti and Odek.

The judges will give reasons for overturning Justice Lesiit's decision on September 22, 2017.

Lady Justice Lessit had directed the independent electoral boundaries commission (IEBC) to degazette Mr Ochola as the validly nominated ODM candidate for the Utalii Ward.

In his appeal Mr Ochola said High Court decision had violated his fundamental rights as his name had already been printed in the ballot papers.

Mr Ochola’s victory had been challenged by Abel Osumba Atito who alleged there was no fairness in the nomination process.

The court also allowed five Kisii County aspirants to file a contempt case against Jubilee Party Secretary-General Raphael Tuju for failing to pay them over Sh100million for stepping down in favour of Senator Chris Obure among others.

REIMBURSE

In the Kisii County case Dr John Khaminwa was allowed by Lady Justice Hedwig Ong’udi to cite the Jubilee SG ,Mr Tuju for contempt for allegedly failing to compensate Dr Alfred Ndemo Ong’era, Ibrahim Atuti, Mary Kemunto Ratemo, Kennedy Nyamweya and Alfred Akunga Nyangweso for stepping down in favour Mr Obure and others.

Dr Khaminwa told Justice Ong’udi that Dr Ong’era agreed to step down in favour of Mr Obure for the Kisii Gubernatorial on a Jubilee ticket. He is demanding compensation of over Sh40million from the party.

As per the consent recorded by Justice Ong’udi, Jubilee was not to carry out fresh nominations for Kisii Gubernatorial, Kitutu Chache North, Bomachoge Chache and Bonchari Constituencies as the petitioners had shelved their interests in the seat in favour of the incumbents.

The party agreed to reimburse the five petitioners their costs incurred during the primaries.

Dr Khaminwa told Justice Ong’udi that her orders were defied by the Jubilee Party then urged her to permit Mr Tuju be cited for contempt,

“This court stands to be disrespected and its very authority undermined and disregarded if Jubilee is not punished for failing to implement the consent order recorded on May 29, 2017,” Dr Khaminwa told the judge.

The judge heard that all the petitioners were defrauded an opportunity to be elected as Governor and members of parliament respectively.