The Kisumu High Court has dismissed a petition by former governor Jack Ranguma challenging the election of Governor Peter Anyang’ Nyong’o, citing lack of evidence.
High Court Judge Justice David Majanja ruled that Mr Ranguma did not prove that the elections were interfered with.
The judge said the petitioner was bound to prove the case he had pleaded, adding that he (petitioner) is not permitted to make a case outside the pleadings and his affidavits and that testimony must be consistent with and support the case pleaded.
Mr Ranguma’s case, according to the judge, was founded on four broad grounds, namely the relay and transmission of results, lack of impartiality, neutrality, efficiency, accuracy and accountability on the part of the IEBC, the lack and failure of operational transparency and the improper voting, counting and tabulation of results.
“The allegations made by the petitioner are vague and embarrassing. Such vagueness is not cured by stating in the petition that the grounds, information and evidence are detailed in the supporting affidavits,” said Justice Majanja.
Mr Ranguma had filed the case alleging that there was massive electoral malpractices committed by the Independent Electoral and Boundaries Commission (IEBC) and Prof Nyong’o to doctor the final results.
According to the results declared by IEBC Prof Nyong’o garnered 227,127 votes, Mr Ranguma got 156,963 votes and Jubilee’s Christine Atieno garnered 2,383 votes.
Amani National congress’ Peter Charles Owino Omollo got 1,955 votes while David Otieno Wayiera got 821 votes.
Mr Ranguma insisted that the polls were not free, fair, credible and transparent, further claiming there was tampering with ballot boxes, that his agents were kicked out of polling stations and that some Forms 37A were not signed by the presiding officers of various polling stations.
The former governor claimed the electoral process was adulterated to favour Prof Nyong’o.
Justice Majanja found that although pleaded, there was no evidence of unofficial ballot papers counted in favour of Prof Nyong’o.
NO STUFFING EVIDENCE
He said there was no evidence of stuffing of ballot boxes with votes that were not marked and/or cast by any voter but marked by the governor’s agents with the connivance of IEBC.
“There was also no evidence of use of extra ballot papers, no evidence of introduction of unofficial, illegal and or irregular ballot paper booklets and no evidence of the use of documents without consistent and universal security features,” said Justice Majanja.
Mr Ranguma had earlier suffered a major blow after the court threw out his application seeking an audit, scrutiny and recount of all the votes cast for the governorship seat in the August 8 General Election.
But Justice Majanja found that the petitioner’s application for scrutiny was full of generalities.
The judge had dismissed the application on the basis that the allegations made by the petitioner were broad, vague and could not form basis of an order for scrutiny.
Mr Ranguma was slapped with Sh5 million cost for the petition, with Sh2.5 million going to IEBC and another Sh2.5 million going to Prof Nyong’o.
“The costs shall be taxed and the total costs certified by the Deputy Registrar of this court. The certified costs awarded shall be paid out of the security deposit on a pro-rata basis,” said Justice Majanja.