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IEBC loses five petitions as Courts race to clear backlog

By Hillary Orinde | Published Tue, January 16th 2018 at 13:31, Updated January 16th 2018 at 13:40 GMT +3
IEBC Chairman Wafula Chebukati (left) and Chief Executive Officer Ezra Chiloba at a past press conference. The electoral agency has lost 5 in 387 poll petition [Willis Awandu| Standard]

Malava MP Malulu Injendi has become the latest legislator to be drawn from the battleground that is election petitions after voter Gilphine Omwega who challenged his win withdrew the case.

Injendi who defended in his seat on a Jubilee party ticket in the August 8, 2017 elections will join 17 other Members of the National Assembly who have survived the petitions.

This is as data from the courts show electoral agency IEBC has only lost five petitions from the 387 filed on both elective posts and party lists.

On Friday January 12, 2018, Wajir Governor Mohamed Abdi became the first county boss to have his win nullified.

During the ruling, Justice Alfred Mabeya said the governor’s election was marred by irregularities and that Governor Abdi could not prove that he had a valid degree as he alleged.

However, 48 hours later, the governor would appeal against the High Court’s decision and get a 30-day reprieve after filling the notice.

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Survivors

11 governors have had petitions challenging their victories dismissed with the latest entrant to the list being Taita Taveta’s Granton Samboja.

Others include: Anne Waiguru (Kirinyaga), Samuel Tunai (Narok), Mike Sonko (Nairobi), Salim Mvurya (Kwale), Anyang’ Nyong’o (Kisumu) and Kiraitu Murungi (Meru).

While only three senators from 15 have had their cases determined, seven Women Representatives among them Kwale’s Zuleikha Juma and Kilifi’s Getrude Mbeyu have survived their petitions.

Pending judgement

As the courts race to clear the voluminous pending cases, a showdown looms in the corridors of justice in the coming weeks.

On January 25, 2018 Kajiado Governor Joseph ole Lenku will know the verdict on his battle with his predecessor David ole Nkedianye.

Governors Josphat Nanok, Alfred Mutua and Charity Ngilu are also yet to know their fate.

Memories of the first presidential petitions will likely be rekindled on January 27, 2018 when Ahamednasir Abdullahi (representing MP Aden Duale) will face off with Farah Maalim’s lawyer James Orengo over the Garissa Town parliamentary petition.

The submission seeking to overturn the election of Embakasi MP Babu Owino over claims of bribery, intimidation of voters and irregularities will be decided on February 5, 2018.

All petitions must be determined within six months of filing.


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