Election of Ganze MP upheld - Daily Nation

Election of Ganze MP Teddy Mwambire upheld

Friday November 16 2018

By CHARLES LWANGA
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The Malindi High Court has upheld the election of Ganze MP Teddy Mwambire after a year-long court battle.

Justice Erick Ogola said Mr Mwambire is the duly elected Ganze MP following last year's General Election and dismissed a petition by Mr Mbaraka Issa Kombe seeking to nullify the election.

Justice Ogola who was delivering a judgment arising from an appeal after Mombasa Resident Judge Dorah Chepkwony directed the petition be heard afresh by a different judge, said the petition lacks merit.

In November 2017, Justice Patrick Otieno dismissed the petition challenging Mr Mwambire’s election ruling the application was defective and did not require further scrutiny.

This prompted the petitioner to appeal before a judge who issued orders compelling the case be heard afresh in Malindi.

However, on Thursday Justice Ogola ruled that the petition lacks merit and the petitioner failed to prove his case that the election was marred by irregularities and illegalities.

The judge then ordered the petitioner, Mr Kombe, to pay the cost of the suit, Sh1.5 million to the Independent Electoral and Boundaries Commission and returning officer and Sh1 million to MP Mwambire.

Mr Kombe, a member of Jubilee Party (JP) and supporter of former Ganze MP Peter Shehe who lost the election to Mr Mwambire, had urged the court to dismiss the application saying it was marred by irregularities.

Speaking after the court victory, Mr Mwambire who was with Saboti MP Caleb Amisi, senators Issa Juma Boy (Kwale) and Mohamed Faki (Mombasa) and several MCAs said he is ready to work with his political opponents to develop the constituency.

“It was a long trial but it has come to end. Elections come and go and people must learn to accept defeat,” Mr Mwambire said. ​