Court dismisses election petition against Tom Kajwang'
Former Senator Elizabeth Ongoro at the High Court in Milimani on January 16, 2018. She said she would meet her lawyers to decide whether she would appeal against a ruling dismissing a petition she filed against Ruaraka MP TJ Ojwang'. PHOTO | RICHARD MUNGUTI | NATION MEDIA GROUP
What you need to know:
- Former nominated Senator Elizabeth Ongoro accused MP Tom Kajwang' of sexist tactics, violence, intimidation and coercion.
- But the court said she failed to prove her claims.
The High Court on Tuesday upheld the election of Ruaraka MP Tom Joseph Kajwang’ and dismissed claims by former nominated Senator Elizabeth Ongoro that the poll was marred by violence and voter intimidation.
Justice Richard Mwongo dismissed more than eight claims made by Ms Ongoro, stating that she failed to prove the allegations.
EVIDENCE
He said the former Senator failed to demonstrate how all the claims she made affected the poll outcome.
During the August 8 poll, Mr Kajwang’ of ODM was declared winner after garnering 36,892, while Ms Ongoro of Amani National Congress garnered 21,512 votes. Jubilee’s Dominic Kinyua came in third with 16,068 votes.
But Ms Ongoro wanted the outcome nullified, accusing Mr Kajwang’ of intimidation, violence and voter bribery.
She alleged that Mr Kajwang’ used “sexist tactics, violence, intimidation and coercion” to secure the seat.
THREATS
Ms Ongoro said Mr Kajwang engaged in sexist tactics and used violence to keep her supporters, who were mostly women, from actively engaging in politics to the extent that they failed to turn up to vote on August 8.
But the Judge said Ms Ongoro failed to call any witness to prove that they were barred from voting or were forced to relocate to other areas because of intimidation.
The Judge also dismissed assertions by Ms Ongoro that her agents were barred from polling stations.
