Former Kisumu Governor Jack Ranguma will be making a second attempt to overturn Governor Anyang’ Nyong’o’s win when he takes the case to the Court of Appeal.
Mr Ranguma said he will challenge the High Court ruling delivered by Justice David Majanja on January 3 that upheld the victory of Prof Nyong’o as the validly elected county boss in the August 8, 2017 elections.
Ranguma's lawyer, Mr Richard Onsongo, said his client will be filing a notice of appeal Thursday (January 11) at the appellate court in Kisumu.
However, he stated that he will not handle the case but will hand it over to another advocate, saying he might be carried away by emotions while arguing the case.
“We are appealing the case on grounds that we did not agree with the decision of High Court Judge Majanja,” said Mr Onsongo.
In his judgement, Justice Majanja dismissed Mr Ranguma’s election petition filed on September 6, 2017 for lack of evidence.
He ruled that the petitioner failed to prove that the elections were interfered with, further dealing Mr Ranguma a blow by slapping him with Sh5 million litigation cost for the petition.
“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 when delivering the judgement.
Mr Ranguma’s case, according to the judge was founded on the relay and transmission of results, lack of impartiality, neutrality, efficiency, accuracy and accountability on the part of the Independent Electoral and Boundaries Commission (IEBC), lack and failure of operational transparency and the improper voting, counting and tabulation of results.
The former governor had claimed the electoral process was adulterated to favour Prof Nyong’o.
NO STUFFED BALLOTS
But Justice Majanja found that although pleaded, there was no evidence of unofficial ballot papers counted in favour of Prof Nyong’o.
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 the IEBC.
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.
The judge had dismissed the application on the basis that the allegations made by were broad, vague and could not form basis of an order for scrutiny.
Mr Ranguma becomes the second litigant to take an election petition to the Court of Appeal, hoping for a different decision that will be in his favour.