Court dismisses petition against Governor Dhadho Godhana

The High Court has dismissed a petition challenging the election of Tana River Governor Dhadho Godhana and ordered the petitioner to pay Sh2 million cost.

Justice Asenath Ongeri, while sitting in Malindi, said the petition by former Governor Hussein Dado lacks merit.

“I find that the absence of cogent evidence that the violence disrupted the election the answer is affirmative,” she said.

Mr Dado had claimed that voting was disrupted by violence initiated by person claiming to be supporters of Mr Godhana at Garsen Primary school, Mbadi polling station and tallying centre at Hola.

However, the judge said the petitioner failed to provide sufficient evidence on the claims adding that they were mere hearsay based on suspicion.

“In order to sustain claim that violence disrupted the election, he was required to establish that the respondent were either responsible for the violence or connived in the perpetration of violence,” said the judge.

Justice Ongeri further said that the petitioner must also establish that the violence was so pervasive that it affected the right to vote.

This comes a month after the judge dismissed another petition challenging the same election on basis of education qualification.