Over 20 governors await decisions on poll petitions

More than 20 governors are still staring at an uncertain future as election petitions filed to challenge their wins are still pending in court.

So far, the High Court has cleared the election of seven governors with the latest to survive the scare being Kisumu Governor Anyang’ Nyong’o whose August 8 election was upheld by Justice David Majanja.

While dismissing the case filed against Prof Nyong’o by former Governor Jackton Nyanungo Ranguma, Justice Majanja ruled that the petitioner made wide claims but failed to prove them.

Other than Prof Nyong’o, governors Anne Waiguru (Kirinyaga), Kiraitu Murungi (Meru), Samuel Tunai (Narok), Salim Mvurya (Kwale), have already been cleared by the court.

TANA RIVER GOVERNOR

The next governor to know his fate is Tana River’s Dhadho Godana who had two-pronged cases against him.

However, Mr Godana jumped the first hurdle on January 5 when Justice Arsenath Ongeri dismissed an application on his eligible to vie for the gubernatorial position.

Mr Mohamed Hatu had filed a petition questioning Mr Godana’s academic qualifications.

Mr Godana holds a degree in development studies from Kimmage Development Studies Centre in Ireland, which he did through an institute in Tanzania.

NOT RECOGNISED

But the accusation is that the institute is not recognised by the Commission for University Education.

Mr Godana now awaits another judgment on January 26 on whether he was validly elected.

His predecessor, Hussein Dado, challenged his win claiming that the election was marred with violence.

He said three people were killed during the poll, compromising the outcome.

The case against Kajiado Governor Joseph ole Lenku comes up on January 25.

The petition was filed by former Olkejuado County Council Chairman Taraiya ole Kores and Benjamin Tipatet.

The two claimed that the election failed the verifiability test as some statutory forms had not been filled in or signed by presiding officers and their deputies.

TURKANA

In Turkana, the High Court will make a ruling on January 26 on whether there will be a scrutiny of all election materials used in the county during the August 8, 2017 polls.

Former Turkana Senator John Munyes, who is challenging the re-election of Governor Josephat Nanok, through his lawyer Katwa Kigen, argued for a scrutiny of all materials.

Mr Munyes alleges in the petition that the election was marred with malpractices and that Mr Nanok was involved in bribery.

Other governors still battling in court are Dr Alfred Mutua of Machakos, Hassan Joho (Mombasa), Amason Kingi (Kilifi), Granton Samboja (Taita Taveta), John Nyagarama (Nyamira), Mike Sonko (Nairobi), Charity Ngilu (Kitui) and Fahim Twaha (Lamu).

In Nairobi, Justice Francis Tuiyot allowed scrutiny and recount of votes cast in four polling stations in Wajir West Constituency after a petitioner complained of alterations and swapping of the poll outcome.

Justice Tuiyot noted that there were alterations of results at Korich polling station and the presiding officer failed to countersign Form 35A to authenticate the changes.

CLARIFICATION

“I would think that a scrutiny of the votes at Korich would help clarify whether or not the issues raised are real or just a trifle,” Justice Tuiyot said.

Other than Korich, the Judge ordered a scrutiny of votes at Qara polling station, Arbajahan Primary School polling station and Mathow Primary School polling station.

The petitioner, Mr Abdirahman Ibrahim Mohamed (ODM), through his lawyer Fred Ngatia, argued that at Qara polling station, the votes of the MP, Mr Mohamed Ahmed Kolosh of ODM, were inflated. Mr Kolosh beat Kanu’s Ibrahim by a small margin of less than 500 votes.

Witnesses who testified in court said that the final result announced at Qara showed that Mr Kolosh got 319 votes while Mr Ibrahim got two votes.

But when the retuning officer announced the results at the constituency tallying centre at Griftu Pastoralist Training Centre, the MP’s votes had been inflated to 540 votes.