In Summary
  • The case was filed by Mr Fredrick Ogenga seeking to have the court nullify Mr Odege's win.
  • The judge noted that the recount order he gave provided the best opportunity to establish if errors cited by the petitioner were significant.
  • Mr Ogenga, who was present during the ruling, objected the decision and promised to appeal the judge's verdict. 

The High Court in Homa Bay has dismissed an election petition challenging the victory of Nyatike MP Tom Odege.

The case in which Mr Fredrick Ogenga had filed to have the court nullify Mr Odege's win was dismissed after Justice Joseph Karanja ruled Wednesday that the errors cited did not grossly affect the outcome of the election.

Justice Karanja ruled that even if the petitioner had succeeded in showing that there were some errors and irregularities in the counting and tabulating of the votes, he was unable to prove to the required standard and satisfaction that they could affect the results.

"The fact was demonstrated by the recount of votes in the disputed polling stations and was not even proved by the evidence presented by the petitioner and his witnesses even if the recount was to be extended to the polling stations not disputed," said Justice Karanja.

RECOUNT ORDER

The judge further noted that the recount order he gave provided the best opportunity for numerical analysis in establishing whether or not the errors cited by the petitioner were significant.

Last month, the judge ordered for recount and scrutiny in 53 polling stations in the constituency after lawyers in the case agreed to narrow down their requests in the case to recount and scrutiny.

In the recount, Mr Odege, a trade unionist, had 10,222 while Mr Ogenga had 9,923, creating a difference of 299 as opposed to the initial 1,002 before the recount. 

Mr Ogenga, who was present during the ruling, objected the decision and promised to appeal the judge's verdict. 

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