In Summary
  • The judge said the high fee would have sent the wrong signal to litigants and instil fear of access to justice.
  • Mr Makhandia directed Mr Karaba to pay the IEBC and Senator Kibiru Sh2.5 million each.
  • Mr Mwongela said Duke Nyairo and Stephen Karua had committed electoral offences of registering more than once as voters.

The Court of Appeal has upheld the election of Kirinyaga Senator Charles Kibiru and the same time affirmed a High Court decision to prevent three voters from pursuing the petition filed by former senator Daniel Karaba.

Justice Milton Makhandia also reduced to Sh5 million the legal cost of Sh10 million slapped on Mr Karaba by the High Court.

While concurring with Mr Karaba that the costs were exorbitant, the judge said the high fee would have sent the wrong signal to litigants and instil fear of access to justice.

WRONG MESSAGE

“Costs should not send wrong messages to bar others from accessing justice. But courts have discretion on which party would be awarded costs in a case,” said the judge.

Mr Makhandia directed Mr Karaba to pay the Independent Electoral and Boundaries Commission (IEBC) and Senator Kibiru Sh2.5 million each.

In his submissions, Mr Karaba, through lawyer Kibe Mungai, said the costs were punitive since hearing of the petition did not proceed to a conclusion.

PUNITIVE

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