Court throws out petition against Nyagarama - VIDEO - Daily Nation

Governor John Nyagarama validly elected: judge

Wednesday February 28 2018

By RUTH MBULA
More by this Author

Nyamira Governor John Nyamira will continue serving his second term after the High Court upheld his re-election.

Justice James Aaron Makau ordered petitioner Walter Nyambati to pay petition costs of Sh5 million.

EVIDENCE

Justice Makau in his judgment said Mr Nyagarama was validly elected in a free and fair process.

"The petitioner failed to produce evidence for his allegations and mostly worked on suspicion. The burden of proof lies with the petitioner," he said.

The judge further said the irregularities found were insufficient to invalidate Nyagarama's victory.

Mr Nyambati of Jubilee Party was Mr Nyagarama's closest rival. Mr Nyagarama garnered 65,161 votes against Mr Nyambati’s 58,936.

CLAIMS

Mr Nyambati had petitioned the court to nullify Mr Nyagarama's win on claims that the election was not conducted in a free and fair manner.

"Also eight county government staff subordinate to my competitor had been used as presiding and deputy presiding officers in favour of the third respondent, Mr Nyagarama," claimed Mr Nyambati.

He also accused Mr Nyagarama and some of his staff of voter bribery, an allegation the court said he could not prove.

RULING

Justice Makau said the anomalies found after scrutiny and recount of votes in some of the polling stations were minimal.

The petitioner did not also give evidence on claims that the election was not conducted in accordance with the law or that it was marred by violence.

Hundreds of the governor’s supporters celebrated outside the court after his election was upheld.