Courts uphold MP’s, governors’ victory

By Osinde Obare, James Omoro and Patrick Kibet

Kenya: Two governors and an MP had reason to celebrate after various courts dismissed election petitions against them.

A petition challenging the victory of Trans Nzoia County Governor Patrick Khaemba was thrown out by the Kitale High Court.

Former Cabinet Minister and Kwanza MP Dr Noah Wekesa had filed a petition against Khaemba claiming irregularities by the Independent Electoral and Boundaries Commission (IEBC) during the polls.

Justice Joseph Karanja, hearing the petition, said Dr Wekesa’s evidence was not enough to justify the irregularities claimed in favour of Khaemba.

“The evidence presented by the petitioner did not prove beyond reasonable doubt that the victory of Mr Khaemba was not valid. The court finds that Khaemba was duly elected and the election was conducted in line with the law,” ruled Justice Karanja.

And in Migori County, Governor Okoth Obado, retained his seat following the High Court’s decision to dismiss an election petition against him.

Obado, who is the only governor elected on a non-ODM ticket in the region, got a green light to serve his full term.

Homa Bay High Court judge Esther Maina ruled that Obado was validly elected in the March polls and dismissed the petition filed by Prof Edward Oyugi Akong’o who contested the seat on an ODM ticket.

Akong’o wanted the governor’s election nullified on grounds that the March polls were marred by irregularities.

Lack of transparency

The judge did, however, admit that vote tallying during the election was marred by irregularities.

“It is true that there were anomalies in the tallying of votes but irregularities did not favour any contestant because this was the officials’ negligence,” the judge said.

At the same time, the High Court in Nakuru dismissed an election petition challenging the election of Narok East MP Lemanken Aramat.

Justice Anyara Emukule, while dismissing the petition filed by Harun Lempaka, ruled that the election was fair and the will of residents had been expressed.

Lempaka had asked the court to order a vote recount and scrutiny, citing non-compliance with electoral laws, lack of transparency and manipulation of election results.

The court also noted that allegations of malpractice levelled against the electoral commission had not been proved.