Six more leaders win election petitions

Three more governors and three MPs survived election petitions after the High Court dismissed cases lodged against them.

Governors Okoth Obado of Migori, Josphat Nanok of Turkana and James Ongwae of Kisii got a reprieve after the High Court upheld their electoral victories in last year’s elections.

COSTS

In Migori, Justice Hillary Chemitei upheld the election of Governor Obado and billed his challenger, Mr Ochillo Ayacko Sh6 million in petition costs. 

The judge said grounds cited by Mr Ayacko, an independent candidate in the elections, were not enough to invalidate the election of Mr Obado, noting that the poll was largely free and fair.

After the ruling, the county chief asked his rival, who he has had a bitter tussle since the ODM primaries in May last year, to support him in developing the county.

“I hope he will now direct his energy on development matters because we cannot do politics non-stop,” asserted Mr Obado.

The same court upheld the election of Peter Masara as Suna West MP.

Mr Chemitei ordered the petitioner Mr Joseph Ndiege to pay Sh1.5 million to Mr Masara and another Sh1.5 million to the electoral commission.

Mr Masara was an indepedent candidate while Mr Ndiege, a former MP, had defended the seat on ODM ticket.

Soon after the ruling, hundreds of Mr Masara supporters escorted him to his Oruba estate home where the residents feasted on goat and beef.

In Turkana, the High Court in Lodwar dismissed with costs a petition lodged by Mining Cabinet Secretary John Munyes challenging Mr Nanok’s win. Justice Stephen Riech dismissed the petition citing lack of sufficient evidence to nullify the results.

The court also ruled that the petitioner pays Sh4.5 million as costs of the petition, with Mr Nanok getting Sh2.5 million and the remaining IEBC.

In Kisii, High Court Judge Hellen Omondi said Mr Ongwae had won fair and square, noting the petition had failed to provide sufficient evidence.

Also upheld was the election of Bonchari MP Oroo Oyioka.

In the petition challenging the election of the Kisii governor, the judge further slapped the litigants – Francis Omao and Joel Onsando – with Sh5 million bill as costs.

“The petitioner who agrees to bring a petitioner on behalf of an unsuccessful candidate should be ready to meet the consequences of the failed petition and cannot hide behind a sponsored petitioner,” said Judge Omondi.

Judge Omondi noted the petitioners had failed to adduce evidence   to convince the court to cancel the results of the poll. The case had been filed in November by Mr Omao and Mr Onsando and Wiper Party candidate Mr Patrick Lumumba, who however recused himself in in December.

Separately, Bonchari MP Oyioka’s victory was upheld with the petitioner – former MP Zebedeo Opore ordered to pay Sh2.5 million as cost of the case.

In Kericho, the High court upheld the election of Kilgoris MP Gideon Konchella who was challenged by Mr Julius Sunkuli.

Judge Martin Muihia orders 3rd Respondent (IEBC) to pay both the MP and the petitioner Sh2.5 million each on grounds that it failed to secure all the voting materials after voting.

Reporting by Elisha Otieno, Sammy Lutta, Magati Obebo and Anita Chepkoech.