Courts uphold election victories of five MPS

Five MPs, Shadrack Mose (Kitutu Masaba), Samuel Arama (Nakuru Town West), John Waluke (Sirisia), Zadoc Ogutu (Bomachoge Borabu) and Rashid Kassim Amin (Wajir East) can breathe easy after courts dismissed petitions challenging their victory in the August 8, 2017 elections.

In Nyamira, a court has dismissed a petition filed against Mr Mose by former MP Timothy Bosire.

However, Mr Bosire said he is planning to appeal.

In his ruling, Judge James Makau said the petition lacked sufficient legal threshold to invalidate the election result.

Consequently, he ordered the petitioner to pay Sh5 million as cost in the case.

COMPENSATION

Mr Mose and IEBC, both listed as first and second respondents, will receive an equal amount from the compensation.

The Judge said the petitioner had failed to lay before the court solid evidence to warrant the invalidation of the poll result.

"In all the claims I find no sufficient and tangible pieces of evidence as adduced by the petitioner - John Omiti - to warrant the cancellation of the election," said Justice Makau.

He termed the many of errors cited as anomalies in the data entry on the statutory forms as inconsequential and could not warrant the cancellation of the August poll outcome.

Mr Mose (Jubilee) garnered 33,386 votes while Mr Bosire (ODM) got 19,262 votes.

ARAMA VICTORY UPHELD

In Nakuru, the High Court also upheld Mr Arama’s victory.

Justice Mumbi Ngugi in her ruling said the petitioner, Dr Isoe Ochoki (ODM), did not provide sufficient evidence to prove there were irregularities during the August 8 election.

She further directed the petitioner to pay the Independent Electoral and Boundaries Commission and the Jubilee Party MP Sh2.5 million each as costs. 

Dr Ochoki had urged the court to declare the election as null and void saying that the evidence presented before the court was sufficient.

He had sued IEBC and the returning officer for Nakuru Town West Constituency, over what he termed as running a fraudulent election on August 8.

Through his lawyers, Dr Ochoki argued that that the irregularities in the election of Mr Arama substantially affected the outcome which made the exercise a sham.

However, the court Thursday ruled that Mr Arama was validly elected and that there were no irregularities in the election.

Mr Arama was declared winner after garnering 29,775 votes ahead of Dr Ochoki’s who got 25,350 votes.

WALUKE WINS PETITION

Elsewhere in Kitale, High Court Judge Anthony Mrima has also dismissed a petition challenging the election of Sirisia MP John Waluke.

While issuing the judgement Thursday, Judge y Mrima said there was no sufficient evidence to prove that there were election irregularities.

He noted that there were few discrepancies witnessed during the election but they did not affect the final result.

“I am satisfied that the election of the member of National Assembly [for] Sirisia Constituency was conducted substantially within the dictates of the Constitution and the law and that few irregularities in issue did not affect the results of the election,” ruled Justice Mrima.

SH6M COST

He dismissed the petition and slapped the petitioner, Levy Makali, with Sh6 million as cost of the case.

The petitioner had cited electoral malpractices which he argued affected the results declared after the August 8 polls.

Through his lawyer Makhoha Simiyu, Mr Makali accused Mr Waluke of instigating violence in various polling stations on election day, a situation he said saw many stay away from voting centres.

Mr Waluke of the Jubilee Party was declared the winner after garnering 18,077 votes against Mr Makali’s (Ford-Kenya) 9,669 votes.

A few weeks ago, Judge Mrima had ordered for the scrutiny and recount of votes cast in 16 polling stations in Sirisia Constituency.

He had also dismissed Mr Makali’s prayers to move the case from Kitale High Court to Bungoma.

PRAISED JUDICIARY

Following the judgement, Mr Waluke addressed excited supporters outside the court praising the Judiciary for not being partisan and saying that he won the elections fairly.

“I did not steal the election and I know the Sirisia people voted for me because of my development record,” he said.

In Kisii, the election of Bomachoge Borabu MP Zadoc Ogutu has also been upheld. 

The MP’s supporters Thursday broke into song and dance inside and outside Kisii High Court after Judge Hellen Omondi dismissed the petition saying it lacked merit.

PETITION COSTS

The petitioner, Thomas Matwetwe was slapped with Sh3.5 million petition costs. 

The High Court has also dismissed an election petition filed against the election of Wajir East MP Rashid Kassim Amin.

Justice James Wakiaga ruled the MP was elected in a free and fair manner.

The petitioner Mohammed Muhammed Sheikh was ordered to pay Sh2 million to the respondents. Sh1 million will be given to IEBC and the returning officer while the MP will get Sh1 million.

Reporting by Magati Obebo,Joseph Openda,Gerald Bwisa,Ruth Mbula, Galgalo Bocha