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Eight MPs win election petitions

Friday March 2 2018

Jessica Mbalu

Kibwezi East MP Jessica Mbalu (in purple dress) with her supporters after the High Court in Makueni upheld her election victory on March 2, 2018. PHOTO | PIUS MAUNDU | NATION MEDIA GROUP  

NATION TEAM
By NATION TEAM
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Eight more MPs survived election petitions after the High Court dismissed cases lodged against them.

MPs William Kamoti of Rabai, Sylvanus Osoro of South Mugirango, Emmanuel Wangwe of Navakholo, Jessica Mbalu of Kibwezi East, Julius Mawathe of Embakasi South, Ahmed Bashane Gaal of Tarbaj, Enock Kibunguchy of Likuyani and Mohamed Dahir Duale of Daadab got a reprieve after the High Court upheld their electoral victories in last year’s General Election.

MALINDI

In Malindi, Judge Weldon Korir upheld the election of Mr Kamoti and billed his challenger, Emmanuel Baraka, Sh3 million in petition costs.

The judge said grounds cited by Mr Baraka, a voter in Rabai constituency were not enough to invalidate the election of Mr Kamoti.

In Kisii, the High Court dismissed the petition challenging the election of Mr Osoro terming the evidence presented by the petitioner as weak.

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While delivering the judgment, Judge Anthony Ndung’u  said irregularities cited in the affidavits were not of a nature and gravity to affect the poll outcome.

“Elections are not perfect events and can be marred by a few irregularities but so long as they cannot affect the outcome of the poll, this court cannot be used as a pawn to subvert the will of the people,” said Judge Ndung’u.

He said the failure by some agents to sign forms at some polling stations by agents constituted a mere and administrative lapse with no legal threshold to nullify the election outcome.

“Failure to stamp a form by the IEBC or the agent signing them does not constitute a serious breach of any electoral law as it is not a legal requirement and thus this petition stands dismissed,” ruled Ndung’u.

And on claims of violence by Mr Makori, the judge said the petitioner failed to give convincing argument.

“The court does not find that substantive evidence of violence as claimed by the petitioner and thus this petition stands dismissed,” said Ndung’u.

He said there was no clear evidence of intimidation and that there was no witness called to testify on the same.

The court slapped the petitioner, Denis Makori, with Sh5 million as litigation costs.

In another court, Justice Rose Ougo upheld the election of Daadab MP Mohamed Dahir Duale.

The court ordered the petitioner Abdikheir Abdullahi Dubow to pay cost of Sh6 million to IEBC and the MP.

KAKAMEGA

In Kakamega, the High Court upheld the victory of Mr Wangwe.

Justice Jesse Njagi dismissed the petition challenging Mr Wangwe’s winning on grounds that the petitioner did not provide enough evidence to prove his allegations.

The petitioner, Amisi Mukanda argued that the election was marred with irregularities and illegalities.

He claimed that the victory of Mr Wangwe was determined by pre-marked election ballot papers, that his agents were denied access to sign form 35A by election officials, that there was violence at one polling station which compromised the environment for a free and fair election.

He also claimed that there was numerical inconsistency in declaring the victory of Mr Wangwe and that Mr Wangwe had engaged in bribery of voters.

But Justice Njagi dismissed the claims as general allegations and minor errors not able to affect the outcome of an election.

The same court upheld the election of Mr Kibunguchy

The petitioner, Likuyani parliamentary aspirant Dr Evans Taracha, contested Mr Kibunguchy’s victory on grounds that the election was marred by election malpractices including bribery and denial of his agents to access polling stations.

Justice Mulwa ruled that there was insufficient evidence to prove election malpractices.

“The electorates of Likuyani constituency exercised their free will and made their political choices in a free and fair election based on universal suffrage and expression of their will. I therefore find that the petition lacks merit and is dismissed with costs,” he said.

Dr Taracha was ordered to pay Sh2 million in costs.

MAKUENI

In Makueni, the High Court dismissed a petition challenging the election of Kibwezi East MP Jessica Mbalu for lack of evidence.

The petitioner, former Kibwezi MP Philip Kaloki was ordered to pay Sh5.5 million in costs.

In Nairobi, the High Court upheld the election of Julius Musili Mawathe of Wiper Party as Embakasi South MP.

While dismissing the case, Justice Grace Nzioka said the petitioner, former MP Ishrad Sumra failed provide sufficient evidence.

The Judge also faulted Sumra for failing to include the returning officer in the petition, who would have shed light on the alleged violence.

Justice Nzioka ruled that Mawathe was validly  elected and ordered ODM's Sumra to pay Costs of 3million. 2m to be paid to Mawathe and 1m to IEBC.

In a different court, Justice Margaret  Muigai upheld the win of Tarbaj MP Ahmed Bashane. The petition had been filed by Idris Abdi Abdullahi.

 

Reporting By Charles Lwanga, Shaban Makokha , Magati Obebo, Sharon Okolla, Sam Kiplagat and Pius Maundu