189 poll petitions still pending in courts

Nyamira County Governor John Nyagarama (centre) when he was sworn in on August 18, 2018. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • The High Court has 45 cases of MCAs and 42 political party list petitions.

  • These appeals originated from 388 petitions filed at various courts around the country after August 8 General Election.

  • Three governors in Nyanza region are bracing for a gruelling week when they appear at the Kisumu Appellate Court to fight for their seats.

More than 180 election petitions are still pending determination in courts.

Statistics from the Judiciary released on Sunday indicates that the Court of Appeal in Malindi, Nairobi, Kisumu and Nyeri is handling 102 appeals, while 87 cases are before the High Court.

The Court of Appeal is dealing with cases involving 31 governors’ seats, eight senators, five woman reps, 56 MPs, one county assembly Speaker’s position and one political party list dispute.

The High Court has 45 cases of MCAs and 42 political party list petitions.

About 15 petitions have been dismissed through ruling or judgment at the High Court and Court of Appeal while 15 others were withdrawn.

At least seven appeals went through including two at the appeal court and five at the high court. 

SIX MONTHS

These appeals originated from 388 petitions filed at various courts around the country after August 8 General Election. They involved 35 governors, 15 senators, 12 woman reps, 98 MPs and 139 MCAs.

After the six months of hearing and determination of election petitions, judges and magistrates dismissed 312 cases; 117 through ruling and 195 by judgment and allowed 40 others.

“Of the 388 petitions, one was a Constitutional petition filed on September 6, 2017, and it was gazetted, but since such petitions are ordinarily not gazetted, and do not have the mandatory six months’ timelines, it was still pending as at March 6, 2018,” states a press release from the Judiciary.

The election dispute resolution procedure states that election appeals shall be heard and determined within six months.

GRUELLING WEEK

Meanwhile, three governors in Nyanza region are bracing for a gruelling week when they appear at the Kisumu Appellate Court to fight for their seats.

Mr James Ongwae (Kisii), Mr John Nyagarama (Nyamira) and Mr Zachary Obado (Migori) will be hoping to convince the Court of Appeal through their battery of lawyers that their elections on August 8, 2017, were credible.

An appeal challenging Mr Nyagarama’s win will be heard on Monday, while those involving Mr Ongwae and Mr Obado will be on Tuesday and Thursday respectively.

The appeals will be heard by two benches, one from Kisumu and the other from Nairobi.