Wangwe’s election upheld

By KURIAN MUSA

Kisumu, Kenya: The Court of Appeal in Kisumu has upheld the election of Emmanuel Wangwe as Navakholo Constituency MP and ordered the petitioner, Joseph Omukanda, to pay the respondents Sh1million as costs of the suit.

The court found that Justice Chitembwe misdirected himself by stating that the courts have discretion to award costs or not.

Lead judge Jamil Mohamed and justices Festus Azangalala and Sankale ole Kantai ruled that Omukanda failed to prove that a recount was necessary.

In his petition, he alleged that he was furnished with different Forms 36 with different results, which did not tally with those on Forms 35.

The judges said they did not find a reason to concur with Omukanda that Chitembwe erred by ordering the release of ballot boxes to IEBC before delivery of his final judgment.