Petition lacked sufficient evidence to have victory annulled

Former Yatta MP Francis Mwangangi has lost a legal battle seeking to overturn the victory of his political rival, Charles Kilonzo who won the Yatta parliamentary seat in last year’s general election.

Justice Aggrey Muchelule, sitting in Machakos High Court ruled the petition filed against Mr Kilonzo lacked sufficient evidence to have his victory annulled.

Muchelule further slapped the petitioner with a total of sh 5 million cost of suit to be awarded to both the MP and the Independent Electoral and Boundaries Commission (IEBC).

In his petition, the former MP had argued that Yatta parliamentary elections held on August 8th last year were marred by massive irregularities and illegalities.

Through his lawyers, Mwangangi had submitted that the constituency’s returning officer harbored commercial and political interest in the constituency and he therefore could not preside over a fair election.

But the IEBC and Kilonzo, who were listed as first and third respondents respectively, fought off the claims, saying the parliamentary election met the required legal threshold of fairness and transparency.

In his ruling Muchelule held that Mr Mwangangi’s petition was defective in its nature, as it was filed out of time by one day.

The ruling means Mr Kilonzo-popularly referred to by his supporters as ‘CK’ will represent the constituency he once served as MP for ten years, in the national assembly.

Kilonzo, who is the son of former late powerful police commissioner, Philip Kilonzo, was elected Yatta MP in the 2002 general election and successfully defended his seat again in 2007. He would later be defeated by Mwangangi in the 2013 general election.

However, Mwangangi through his lawyer, Andrew Makundi has vowed he will appeal the ruling.