Petition axe hangs over 70 MPs, 24 governors

Parliament in session.

By Standard Team

Kenya: Scores of MPs and Governors facing petitions challenging their victories in the March 4 General Election have an uneasy 30 days as cases are concluded.

A significant number of the election petitions are either awaiting judgment or in advanced stages of conclusion within one month.

The Judiciary announced Friday that 87 petitions are set to be concluded by the end of this month. With Parliament on recess until September 17, there is a high probability that a good number of the 70 MPs facing court may not return to the august house.

Equally, with all the 24 petitions challenging the election of Governors pending in courts, some county chiefs might have signed into law budgets but may not oversee spending of the cash.

Fears over the looming High Court decisions are not entirely unfounded because two MPs have already lost their seats in the 11^th Parliament.

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Matungulu constituents are preparing for a by-election after the High Court nullified the election of Stephen Mule as MP.

The court ordered a fresh election after a successful petition by three petitioners.

“It is evident that the irregularities were caused by IEBC and the Returning Officer,” said Justice Lilian Mutende. This week High Court Judge David Majanja will decide whether Kibwezi West constituents will hold repeat elections.

Justice Majanja had ruled Patrick Musimba was not validly elected after a court recount found his challenger Kalembe Ndile garnered 21 votes more than Musimba.

On Thursday Justice Majanja will rule whether to hand Kalembe a certificate to Parliament or order repeat elections.

Under new electoral laws, the High Court can award a certificate to a petitioner if it is proven they were irregularly denied victory. “Judgments in 16 petitions have been delivered while judgments in 38 others are pending delivery. The courts struck out 33 petitions on technical grounds, while 87 others are set to be concluded by the end of August, 2013,” said a statement released by the Judiciary on Friday.

Among the bigwigs facing petitions are Senators Moses Wetangula (Bungoma) and Chris Obure (Kisii) who were colleagues in the former Grand Coalition Cabinet.

Obure will know his fate on September 16, a day before the Senate reopens, when Lady Justice Ruth Sitati will deliver judgment.

Bomet’s Wilfred Lesan is battling a challenge by Kanu’s Nick Salat to retain his seat

Governors on tenterhooks include Evans Kidero (Nairobi), Hassan Joho (Mombasa), Cornel Rasanga (Siaya), Okoth Obado (Migori), Nderitu Gachagua (Nyeri), Wycliffe Oparanya and John Mruttu (Taita Taveta).

Some MPs waiting for the courts to determine their fate are Paul Otuoma (Funyula), Ababu Namwamba (Budalang’i), Michael Onyura (Butula), Mary Wambui (Othaya), Sammy Mwaita (Baringo Central), Olago Aluoch (Kisumu Town West) and Yusuf Chanzu (Vihiga).

Others are Fred Outa (Nyando), Joseph Magwanga (Kasipul), Zebedeo Opore (Bonchari), Chris Bichage (Nyaribari Chache), Timothy Moseti (Kitutu Masaba), Joel Onyancha (Bomachoge Borabu) and Dalmas Otieno (Rongo).

Voter bribery

Today the High Court sitting in Bungoma will announce results for a partial recount of votes from select polling stations in the petition against Wetangula’s election filed by Musikari Kombo.

On August 29 Khwisero MP Benjamin Andola (UDF) will know the fate of his election, as Justice George Dulu is scheduled to decide on the petition filed by Benjamin Andama (Wiper Democratic Movement).

Justice Juma Chitembwe will decide the Lurambi parliamentary election on September 4.

On September 9 Mwaita will know whether his seat in Parliament is secure, as Lady Justice Lydia Achode will deliver judgment at the High Court sitting in Eldoret.

Hosea Kiplagat has sought to have the election nullified citing election malpractice, including voter bribery.  Justice Juma Chitembwe on September 13 will give the verdict in a  petition against Oparanya. Ten election petitions are before the High Court in Kakamega.

Hearing of poll petitions challenging MPs Paul Otuoma (Funyula), Ababu Namwamba (Budalang’i) and Michael Onyura (Butula) have entered the penultimate stage with the hearing of two of the cases already complete.The hearing of cases challenging the election of Otuoma and Onyura has closed.

Namwamba is waiting for his last three witnesses, including Busia Governor Sospeter Ojaamong and Senator Amos Wako to testify before High Court judge Francis Tuiyott.

Many leaders

In Nyanza, there is election of a Senator, two governors, MPs and Women Representatives with the highest bulk filed at the High Court in Kisii. The courts are scheduled to rule on the petitions against Senator, two Governors and host of MPs in September.

Only judgment in petitions against Olago and Chanzu will be delivered on notice.  Justice Aggrey Muchelule will deliver a judgment on August 23 in the petition in which Rasanga’s election has been contested by National Party of Kenya’s candidate William Oduol.

In Homa Bay, Justice Esther Nyambura is preparing a judgment in the petition challenging the Migori Governor’s victory.

And on September 5 Narok East MP Lemanken Aramat will know whether he will return to Parliament after judgment on the election petition filed by Harun Lempaka.