More than 76 politicians file election petitions

Lawyer Gitobu Imanyara (right) and his client Martha Karua leave the Kerugoya Law Courts

More than 76 politicians had filed election petitions by Tuesday.

At least 54 of the petitions were filed after the Supreme Court nullified President Uhuru Kenyatta’s win last week.

By 3pm Tuesday, six petitions had been filed challenging the election of governors in Embu, Taita Taveta, Garissa, Mandera, Kirinyaga and Tana River counties.

Another 13 were challenging the election of MPs and two for senators.

In Kirinyaga, Narc-Kenya leader Martha Karua filed a petition at the High Court in Kerugoya challenging the election of Governor Anne Waiguru.

And in neighbouring Embu County, former Senator Lenny Kivuti filed a petition against Governor Martin Wambora’s victory, days after failing to stop his inauguration.

Votes recount

In Mandera County, Hassan Noor, who vied for governor on an Economic Freedom Party ticket, is challenging the election of Governor Ali Roba. Mr Roba garnered 71,898 votes against Noor’s 62,966.

He wants the court to order scrutiny and recount of votes. He also wants the courts to declare him winner if it is found he had more votes.

“Election petitions challenging the posts of governor, members of the National Assembly including Woman Representatives, Senate and member of the county assembly will be determined within six months from the date of filing,” the Judiciary said a statement on Monday.

It continued: “Election petitions for the position of Member of the County Assembly are handled by magistrates while the rest will be heard by the High Court.”

The petitioners for MPs seats include Mary Emasse’s of Jubilee in Teso South. Former Shinyalu MP Silverse Anami, who contested as an independent candidate, has filed a petition against the election of ODM’s Justus Kizito.

A majority of the applications are against the election of MCAs, with more than 53 petitions filed by yesterday. Applicants will, however have to part with some cash following new petition rules.

Chief Justice David Maraga gazetted new rules that require those challenging the election of a president to deposit Sh1 million as security and a further Sh500,000 - non-refundable - as a fee for filing the case.

After the petition, any party filing a response is required to pay Sh20,000 for the Supreme Court to consider it and a further Sh4,000 for filing notice of intention to oppose the petition.

Those challenging the election of a governor, senator, woman representative or MP are required to pay the High Court Sh30,000 and an additional Sh100,000 security.

Those challenging the election of an MCAare required to deposit Sh100,000 at the magistrates court as security besides paying Sh15,000.

In Bungoma County, Edward Nabangi, is challenging the election of James Mukwe (Ford Kenya) as Kabuchai MP.

Mr Nabangi, who ran on an independent ticket, said there were massive irregularities.

All the three Kisii County top leaders are also facing election petitions at the Kisii High Court.

In a petition challenging Governor James Ongwae’s election, Jubilee County Coordinator Joel Osando and another voter Francis Mochoge Omao appear as petitioners.

The Independent Electoral and Boundaries Commission, County Returning officer Robert Namulungu, Mr Ongwae, Deputy Governor Joash Maangi and Naftal Obwocha - the ODM county chief party agent - are named as respondents.

In the governor’s race, Ongwae was declared winner with 206,164 votes. Chris Obure came second with 110,760 and Manson Nyamweya came third with 53,083 votes. The race had attracted eight candidates.

The petitioners argue that the results of the election and the counting of the votes was not done as required by law.

In the Woman Representative petition, Nahashon Akunga, a voter in Kisii, appears as the petitioner with IEBC, the County Returning officer and the winner Janet Ongera (ODM) appearing as the first, second and third respondents.

Ms Ongera won the seat with 171,492 votes, while Jubilee’s Dorice Donya was second with 144,973 votes in a race that attracted 12 candidates. Independent candidate Mary Otara was third with 28,345 votes.

Mr Akunga argues that under Article 86 of the Constitution, the system or method of voting and elections must be simple, accurate, verifiable, secure and accountable and transparent.

In the senatorial seat, Prof Sam Ongeri’s win is being challenged by Charles Orito and George Ogaki.

Prof Ongeri was declared winner with 183,375 votes against Omingo Magara’s 118,688 votes. Jubilee’s Charles Nyachae was third with 71,747 votes. The race attracted 11 candidates.

“We demonstrate grave errors, flaws, fraud, illegalities and irregularities committed by the respondent herein and which constituted fundamental contraventions of the letter, spirit and objects of the Constitution of Kenya and the will of the Kisii County people of Kisii County,” the petitioner claimed.

Bomchoge Borabu MP Prof Zadoc Ogutu and his South Mugirango counterpart Sylvanus Osoro also face election petitions from Joel Onyancha of Jubilee and Dennis Makori respectively.

Julius Sunkuli who had come to Kisii High Court to file an election petition against Kilgoris MP Gideon Konchella was sent to the Narok High court.

Former Bonchari MP Zebedeo Opore filed a petition challenging the election of area MP John Oyioka.

In Nairobi, former Embakasi South MP Sumra Irshadali Mohamed wants the election of Julius Mawathe nullified on grounds that the elction was not free, fair, credible, verifiable and transparent.

Validly elected

The petitioner avers that the The Kenya Integrated Election Management System (KIEMS) Kit malfunctioned in his strongholds of Jobenpha, Cheminade and Mukuru Education Centre.

Meanwhile, Farah Maalim has also moved to court seeking orders compelling IEBC to conduct afresh parliamentary election in Garissa Township saying that Majority Leader Aden Duale was not validly elected. He wants the court to order IEBC to produce all materials including voter registers and counterfoils used at all polling stations.

At the Coast, former Lamu Governor Issa Timamy was at the Malindi High Court to challenge the election of Governor Fahim Twaha.

Mr Twaha, who contested on a Jubilee Party garnered 22,969 votes against Ms Timamy’s 22,848.

Timamy said the petition is anchored on a dozen grounds among them the stuffing of pre-marked ballot papers and evidence that eligible voters were denied their right to vote.

In Kilifi North constituency, Dabaso ward’s Amani National Congress (ANC) candidate Dickson Karani Yaa is disputing the election of MCA-elect Emmanuel Changawa Kombe (ODM).

And a voter in Tana River County is challenging the election of Governor Dhado Godhana on grounds that he does not have valid education certificates.

Reports by Luke Anami, Paul Ogemba, Raphael Wanjala, Eric Abuga,Maureen Ongala, Edwin Nyarangi, Faith Karanja and Nehemiah Okwembah