Judges say cited errors could not alter results
Starehe MP Charles Njagua Kanyi, popularly known as Jaguar, has retained his seat after the appellate court dismissed a case seeking to have his win nullified.
Court of Appeal Judges Daniel Musinga, Agnes Murgor, and Otieno Odek said that ODM’s Steve Mbogo did not point out or demonstrate that the elections were conducted in an unfair manner.
“We are not persuaded that the trial court erred in law in declaring that the election of Starehe Constituency was free and fair,” said the judges on Friday.
They also said Mr Mbogo, did not prove the allegations that some voters who were not in the KIEMs kit were allowed to vote, which cost him victory in the August 8, 2017 General Elections.
INVALIDATE ELECTION RESULTS
They said high court did nor err in declaring that the failure to sign Forms 35, did not invalidate the election results.
High Court Judge Fred Ochieng had upheld Mr Jaguar’s win saying, then judge had agreed with IEBC that transmission of results involved the use of KIEMs and failure to sign form 35A did not have any impact on the results because it was a “minor issue”.
He ruled that the August 8 2017 General Election was free and fair, adding that Mr Mbogo did not prove all his claims of irregularities as per the guideline set out in the election laws and the Constitution.
“The election was conducted in accordance with the Constitution. The petitioner did not satisfy the legal burden of proof,” Justice Ochieng ruled.
Separately, Appeal Court Judges Erastus Githinji, Philip Waki, and Agnes Murgor, said that there were minor irregularities in Lang’ata Constituency but they could not invalidate the election of Nixon Generali Korir.
The judges also said that the allegations that most of the agents were not allowed into the polling centres was not proved.
High court judge Lucy Njuguna had dismissed all the grounds put forth by the petitioners stating that most of them were mere allegations and hearsay.
The Judge faulted the five petitioners for failing to call their agents, to prove claims that they were denied access to polling stations, on the voting day.