Likoni MP Mboko, Governor Twaha survive petitions

Likoni MP Mishi Mboko on Friday survived a petition seeking to cancel her win.

Justice Erick Ogolla said the petitioner failed to prove that Ms Mboko was not validly elected.

“The court finds that indeed there were some irregularities in the conduct of this election. However, they were so minor that they did not in any way offend the principal of free and fair elections,” he said 

Justice Ogolla further said that the petitioner, Masoud Mwahima, failed to provide adequate evidence to prove allegations of voter bribery, intimidation, violence, alterations on Forms 35 and B.

“This court is strongly persuaded that the election of Ms Mboko was not a sham,” he ruled.

PETITION COST
He awarded Ms Mboko and the Independent Electoral and Boundaries Commission Sh2.5 million as cost of the petition.

Justice Ogolla dismissed claims that the petitioner’s agents were denied access to tallying centres and polling stations, saying documents by the IEBC indicated that they had been duly signed by his agents. 

On unstamped statutory forms, the court said that a stamp was important "but lack of it does not invalidate the form or the results declared”.

The judge added that allegations of improper influence of voters, coercion by civil servants, intimidation and voter bribery were not proved.

“The petitioner should tender evidence to support the claims. He did not specify who was bribed, by whom and how much was paid,” he said.

TWAHA
He also dismissed allegations that the MP benefited from a power outage at the tallying centre during the collation and announcement of the results.

In Lamu, the High Court upheld Governor Fahim Twaha's win.

Justice Dorah Chepkwony said former governor Issa Timamy failed to discharge the burden of proof.

The court in Malindi ordered the petitioner to pay Sh12 million.

Reported by Kalume Kazungu, Charles Lwanga, Phillip Muyanga and Brian Ocharo