Appellate court validates election of Likuyani MP Kibunguchy
Likuyani MP Enoch Kibunguchy. His election was confirmed by the Court of Appeal on July 18, 2018. PHOTO | FILE | NATION MEDIA GROUP
What you need to know:
- Judge Erastus Githinji said Mr Evans Nabwera Taracha filed the appeal after the 30-day deadline.
The Court of Appeal has upheld the election of Likuyani MP Enoch Kibunguchy.
Judge Erastus Githinji, who read the judgement on behalf of his two colleagues in Kisumu on Wednesday, said Mr Evans Nabwera Taracha filed the appeal on April 5 instead of April 2, 2018.
"This is not an appeal as contemplated by the law and the court has no jurisdiction to hear the merits of the appeal," he said, citing that the 30-day deadline was not met.
The case was struck out with costs as the judges maintained the validity of the High Court decision, which stated that the electorates of Likuyani constituency exercised their free will and made their political choices in a free and fair election.
High Court Justice Mulwa ruled that there was insufficient evidence to prove election malpractices. Dr Taracha was ordered to pay Sh2 million in costs.
