Tense Xmas, New Year for 8 governors, 16 MPs facing petitions

Kenyans are waiting for judgments from the Supreme Court, which could end or revive political careers of eight governors and 16 legislators.

The politicians moved to the country's top court after they lost their election petitions in the High and Appellate courts.

More than a year later since the 2017 General Election, eight governors and 16 legislators are yet to know their fate.

The governors who are fighting to keep their seats are: Mohamed Abdi Mohamud (Wajir), Alfred Mutua (Machakos), Martin Wambora (Embu), Tahim Twaha (Lamu), Cyprian Awiti (Homa Bay), Ndiritu Muriithi (Laikipia), Salim Mvurya (Lamu) and John Nyangarama (Nyamira).

• WAJIR

Mr Mohamud’s seat was nullified last year by Justice Alfred Mabeya because of irregularities and because the governor allegedly did not possess a degree, a requirement for a governor's position.

He appealed against the nullification but the Court of Appeal upheld the decision saying the governor failed to prove that he holds a degree.

Mr Mohamud’s moved to the Supreme Court and six judges of the court allowed him to table new evidence that he holds a degree and a master’s degree from Kampala University. Supreme Court judges said they will deliver their judgment on notice.

• MACHAKOS

In Dr Mutua’s case, High Court Judge Aggrey Muchelule dismissed Ms Wavinya Ndeti’s petition but the Court of Appeal overturned the decision faulting the returning officer for using the wrong form.

Justices William Ouko, Mohamed Warsame and Gatembu Kairu said Dr Mutua’s election null saying the results were illegal and cannot be verified.

While defending his win in the Supreme Court, Dr Mutua said there was no finding by the trial court that the data was fraudulent, inflated or otherwise fictitious. He said all the forms were signed by among others, Wiper agents.

• EMBU

In Mr Wambora’s case, Justice William Musyoka nullified his election in February saying the vote recount and scrutiny, had unearthed various irregularities that compromised the integrity of the process.

But he moved to the Court of Appeal where judges William Ouko, Daniel Musinga, and Fatuma Sichale said the burden of proof was not discharged by Lenny Kivuti and therefore the High Court erred in invalidating Mr Wambora’s election.

Mr Kivuti moved to the Supreme Court seeking to overturn the decision.

• HOMA BAY

For Mr Awiti, his election was challenged by his rival Joseph Oyugi Magwagwa. The High Court judge Joseph Karanja nullified his election on February 2018. Judges Philip Waki, Fatuma Sichale and Otieno Odek of the Court of Appeal upheld the nullification on July 19, forcing him to move to the Supreme Court.

Mr Awiti argued that the two courts ignored the scrutiny and recount of votes, which still put him ahead of his rival.

• LAMU

Former Lamu Governor Issa Timamy filed a petition disputing the election of Tahim Twaha as governor, but both the High Court and the Court of Appeal dismissed the case.

Mr Timany moved to the Supreme Court asking the court to nullify the election of his successor. He argued that there were irregularities unearthed by the partial scrutiny of election results forms, but which were ignored by the two courts below.

On his part, Mr Twaha said the claims were not substantiated because ballot boxes were not opened for the exercise and that he failed to demonstrate that the irregularities substantially affected the outcome of the election.

• LAIKIPIA

In Ndiritu Muriithi’s case, both the High Court and the Court of Appeal ruled thathe was validly elected and that petition by his rival Sammy Waity lacked merit.

Dissatisfied with the decision, Mr Waity moved to the Supreme Court.

• NYAMIRA

Mr Walter Nyambati asked the the High Court to overturn Mr John Nyangarama’s election but Justice James Aaron Makau dismissed the case in February.

Mr Nyambati moved to the Court of Appeal and similarly dismissed the case. Mr Nyambati then moved to the Supreme Court.

• KWALE

In Salim Mvurya’s case, three Kwale voters seek to revive the case questioning how the case was withdrawn at the Court of Appeal.

The petition challenging his victory was initially filed by Mwamlole Tchapu Mbwana but it was struck out by High Court Judge Mugure Thande in November 2017 because the petitioner did not comply with Election Petitions rules and for failing to include the deputy governor as a respondent in the case.

Mr Mbwana later filed an appeal but before the case was heard, he changed his mind and wrote to the deputy registrar of the Court of Appeal withdrawing the case.

Later, Suleiman Mwamlole Warakah, Mwarapayo Mohamed Wa-Mwachai and Matsudzo Hamisi Mwamrezi, describing themselves as voters from Kwale, said they were surprised by the move.

They said they nominated Mr Mbwana to file the petition and after it was struck out, the electorate once again nominated him to lodge the appeal.

• MPS

Besides election petitions challenging some governors’ wins, about 16 other cases ended up the Supreme Court and parties are yet to be notified of dates when judgments will be issued.

Legislators waiting for decisions at the Supreme Court include Lamu Senator Anwar Loitiptip, whose election was nullified by the High Court and the nullification upheld by the Court of Appeal.

MPs Babu Owino (Embakasi East), Julius Mawathe (Embakasi South), Chamgamwe’s Omar Mwinyi, Justus Kizito (Shinyalu) and Kangogo Bowen of Marakwet East.

Others are Annie Wanjiku Kibe (Gatundu North), Gideon Konchellah (Kilgoris), Alfred Keter (Nandi Hills) Ahmed Kolosh (Wajir West) and Christopher Odhiambo Karani of Ugenya.

MPs James Mukwe (Kabuchai), Safia Adan (Marsabit) and Christopher Omulele of Luanda are also fighting to keep their seats.