Appeal court: Bomachoge Chache MP Miruka won fairly

Bomachoge Chache MP Alpha Miruka.

Photo credit: File | Nation Media Group

What you need to know:

  • Justice Githinji pointed out that Mr Matoke filed his appeal 80 days after the judgement, which fell out of the deadline set by the court.
  • In the petition filed at the High Court, Mr Matoke alleged incidents of voter manipulation and fraud.

The Court of Appeal has confirmed the election of Bomachoge Chache MP Alpha Miruka.

The three-judge bench sitting in Kisumu on Wednesday dismissed the petition because Mr Jeremiah Matoke filed it late.

Justice Erastus Githinji pointed out that Mr Matoke filed his appeal 80 days after the judgement, which fell out of the 30-day deadline set by the court.

"The appellant erred in drafting his appeal relying on 2010 rule which is in conflict with 2017 court rule. We therefore determined that there is no competent appeal before us," he said.

BETTER LEADERSHIP

In the petition filed at the High Court, Mr Matoke wanted the court to nullify the election claiming that seven polling stations had more votes than the number of registered voters out of the 89 polling stations.

He also alleged incidents of voter manipulation, fraud and lack of agents' signatures on forms 35As.

Following the victory, Mr Miruka committed to serve his people better by fulfilling the pledges he made to them.

"The ruling today confirms my third victory after the Independent Electoral and Boundaries Commission (IEBC) and the High Court," he told his supporters who attended the court session.