Governor Awiti files appeal in election petition
Homa Bay Governor Cyprian Awiti's lawyers submit documents at the Court of Appeal registry in Kisumu on March 14, 2018. They also appealed a decision to nullify the governor's win. PHOTO | JUSTUS OCHIENG | NATION MEDIA GROUP
What you need to know:
- Awiti's advocates said they have sufficient evidence to convince the Appellate Court to quash the High Court’s verdict.
- The court ordered IEBC to conduct a repeat election that meets the threshold set in the Constitution and election laws.
The battle for Homa Bay governorship seat has now moved to the Court of Appeal.
Governor Cyprian Awiti on Wednesday filed an appeal in Kisumu against the High Court ruling that quashed his win last month.
Mr Awiti, through Prof Tom Ojienda and Associates Advocates, seeks to overturn Homa Bay High Court Judge Joseph Karanja’s judgment that nullified his victory on February 20.
While filing the appeal, advocates Ogada Meso and Melvin Okumu said they have sufficient evidence to convince the Appellate Court to quash the High Court’s verdict.
In his verdict on February 20, Justice Karanja ruled that the Independent Electoral and Boundaries Commission (IEBC) did not conduct a free and fair election on August 8, 2017.
The case had been filed by Mr Awiti’s challenger and independent candidate, Mr Oyugi Magwanga.
The court ordered IEBC to conduct a repeat election that meets the threshold set in the Constitution and election laws.
But Mr Awiti accused the judge of making grave errors in law and fact.
He said the ruling ignored the deputy registrar’s report that found there were no obvious defects in the inspected ballot boxes.
He added that the judge ignored scrutiny and recount of votes that confirmed he had been duly elected.
