Court dismisses petitions challenging Tong'i's win - Daily Nation

Court dismisses petition challenging MP Richard Tong'i's win

Wednesday February 28 2018

Nyaribari Chache MP Richard Tong'i

Nyaribari Chache MP Richard Tong'i celebrates with his supporters in Kisii town after High Court upheld his election on February 28, 2018. PHOTO | BENSON MOMANYI | NATION MEDIA GROUP  

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High Court has dismissed two petition challenging the election of Nyaribari Chache MP Richard Tong’i.

In his judgement, Justice Anthony Ndung’u said the petitioners had no sufficient evidence to prove the grounds of their petition that the results were not transmitted electronically.

One petition was filed by Chris Bichage who vied for the seat on an ODM ticket, while the other petition was jointly filed by James Kenani of PDP party and Zaheer Jhanda of Wiper.

The two petitions were merged and heard together.


The petitioners were ordered to pay Sh8.4 million in costs.

In the contested election Mr Tong’i garnered 14,410 votes, Zaheer Jhanda 11,710 votes, Chris Bichage 10,445 votes and James Kenani registered 5,975 votes.

In the petitions, the three alleged that voters were turned away from some polling stations which they claimed to be their strong holds in favour of the respondent adding that electoral officials allowed some people to vote without biometric identification.

On the determination the court ruled that the petitioners lacked sufficient evidence to prove the allegations beyond reasonable doubt.