Court dismisses petition against MP Geoffrey Omuse

Wednesday January 31 2018

Geoffrey Omuse

Teso South MP Geoffrey Omuse celebrates with his supporters on Wednesday morning after a petition against his victory was struck out by Busia High Court. PHOTO | GAITANO PESSA | NATION MEDIA GROUP 

By GAITANO PESSA
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Busia High Court has dismissed a petition against Teso South MP Geoffrey Omuse.

Justice Kiarie Waweru on Wednesday said the petitioner, former MP Mary Emaase, failed to prove alleged irregularities.

Ms Emaase filed the case on grounds that the process was marred with violence on the eve of the 2017 General Election.

She also claimed that there was erroneous tabulation as well as intimidation of her supporters by Busia Governor Sospeter Ojaamong.

COSTS

Judge Waweru ordered the petitioner to pay an amount not exceeding Sh2 million to the first respondent – Mr Omuse and Sh1 million to the second respondent, the electoral agency (IEBC).

While delivering the judgment Judge Waweru observed that the petitioner failed to prove the contentious issues raised.

“I have carefully analysed the entire evidence on record, perused the submission by each party and authorities supplied. My finding is that the election of 8th August 2017 in respect of Teso South Member of Parliament was done in accordance with the law.

“Nothing has been proved to the contrary. The first respondent was validly declared as the elected Member of Parliament for the said Teso South Constituency. The petition is accordingly dismissed,” said the Judge.

The judge also queried the conduct of the petitioners’ senior counsel Evans Ondieki who blamed the court for shutting out some of his witnesses.

Mr Ondieki was seeking an order that the court releases the affidavits of the witnesses he had filed in a sealed envelope with instructions to the court registry not to open the same without a court order.

“It was grave misconduct for the senior counsel to shift the blame on his non-compliance with the law to the court. In such instances it make the masses, not privileged to have legal education to lose faith in the judiciary.”

Mr Omuse, applauded the decision of the court and vowed to work for constituents regardless of party or political affiliation.