Nyali MP, five others win election petitions

Nyali MP Mohamed Ali (centre) celebrates with supporters at the Mombasa Law Courts yesterday after his election was upheld. PHOTO | KEVIN ODIT | NATION MEDIA GROUP

What you need to know:

  • In the case of Mr Khaemba, judge Anthony Mrima dismissed a petition filed by two voters saying there was inadequate evidence to quash the governor’s win.
  • At the Mombasa High Court, supporters of Mr Ali, the Nyali MP, and those of his challenger, Said Abdalla, exchanged blows.
  • In Kisii, the High Court upheld Mr Ogutu and Mr Miruka’s election victories and ordered the petitioners to pay costs.

The courts on Friday upheld the election of six politicians; two governors and four MPs, dismissing with costs petitions filed challenging their wins in the August 8 election.

Those whose election were upheld were Trans Nzoia Governor Patrick Khaemba, his Samburu counterpart Moses Lenolkulal and MPs Mohamed Ali (Nyali), Zadock Ogutu (Bomachoge Borabu), Alpha Miruka (Bomachoge Chache) and Shadrack Mose (Kitutu Masaba).

In the case of Mr Khaemba, judge Anthony Mrima dismissed a petition filed by two voters saying there was inadequate evidence to quash the governor’s win.

“I am thoroughly convinced and do hereby confirm, find and hold that the election of the Governor of Trans Nzoia County was conducted substantially within the constitution and the law and that the irregularities pleaded or otherwise did not affect the result of the election,” ruled Justice Mrima.

He, however, challenged the Independent Electoral and Boundaries Commission (IEBC) to be more organised and put more effort in planning elections.

The two voters, Robinson Simiyu Manga and Alpha Kitazi Chore, were asked to pay Sh10 million as the cost of the petition. From it, Sh5 million will go to the IEBC and the remaining to the governor.

LACKED EVIDENCE

In Nyahururu, High Court, judge Roseline Wendo dismissed the petition challenging Governor Lenolkulal’s victory on grounds that it lacked evidence.

Former Samburu North MP Simeon Lesirma had moved to court seeking orders to annul Mr Lenolkulal’s victory on grounds that the exercise was marred with massive irregularities and illegalities.

Justice Wendo noted that the petitioner complained about irregularities in the forms and that his agents were deliberately locked out of polling stations and tallying centres.

The judge, however, noted that he failed to produce them in court as witnesses.

“Due to this, the complaints remain allegations,” said Justice Wendo. She ordered the petitioner to pay Sh6 million as cost for the case.

The former assistant minister will pay Sh2 million to Mr Lenolkulal, who was the first respondent, Sh2 million to the county returning officer, who was the second respondent, and the rest to the IEBC, the third respondent.

EXCHANGED BLOWS

At the Mombasa High Court, supporters of Mr Ali, the Nyali MP, and those of his challenger, Said Abdalla, exchanged blows after the High Court upheld the election of the former journalist.

Immediately after High Court Judge Lydia Achode dismissed the petition against Mr Ali, his rival’s supporters cornered the MP and his followers, forcing them to leave through the backdoor.

The battle escalated to the court’s compound after the two groups engaged in fighting, throwing of stones and blows.

It took the intervention of police officers manning the court to disperse the angry supporters.

Justice Achode, while dismissing the case, said the petitioner, Mr Dan Bwao, failed to prove allegations of voter bribery, violence, undue influence of voters and electoral malpractices.

“Upon considering the pleadings and submissions by counsels on record, the court finds that there is no evidence that the election was compromised and that the voters did not express their will at the ballot.”  

PAY COSTS

In Kisii, the High Court upheld Mr Ogutu and Mr Miruka’s election victories and ordered the petitioners to pay costs.

In the Bomachoge Borabu case, the applicant, Thomas Matwetwe, was slapped with a Sh3.5 million costs, while Mr Jeremiah Matoke was asked to pay Sh5 million petition costs.

In Nyamira, the High Court ordered former area MP Timothy Bosire to pay Sh5 million in costs after losing the petition he filed challenging Mr Mose’s victory.

 Justice James Makau said the petition lacked sufficient legal threshold to invalidate the result.

Sitting in Kisii, Justice Winfridah Okwany dismissed the case against Mr Miruka saying the court found that a few errors that occurred during the election process did not alter the outcome of the final result.

Gerald Bwisa, Steve Njuguna, Brian Ocharo, Ruth Mbula and Magati Obebo.