Petitioners to pay Governor ole Lenku Sh7.5 million costs

Kajiado County Governor Joseph Ole Lenku (center) being congratulated by former Kajiado Senator Peter Mositet (right) and a former Minister David Sankori after a petition filed against him was dismissed yesterday. [Photo/PETERSON GITHAIGA]

Kajiado Governor Joseph ole Lenku yesterday survived an attempt to invalidate his August 8 election when a petition filed against him was dismissed.

The High Court in Kajiado refused to nullify Mr Lenku's victory and dismissed almost all allegations, most of which revolved around a dispute over 32,000 votes.

Justice John Onyiego said the petitioners, Tarayia ole Kores and Jonathan Tipatet, had failed to prove more than 32,000 votes had been inflated in favour of Lenku.

A majority of the disputed votes had allegedly been cast in Kajiado North Constituency, which overwhelmingly voted for Lenku, both during Jubilee nominations and the polls.

In a two-hour ruling, Justice Onyiego shredded Kores's claims, noting he did not present any evidence to show some polling stations had more votes cast than the number of registered voters.

The court slapped the petitioners with Sh2.5 million as case costs in favour of each of the three respondents.

"The enemies of Kajiado unity have been defeated. The judgement confirms the will of the people of Kajiado in 2017," said Lenku.

"We now call upon all residents to prepare for transformational leadership,"

Elsewhere, Turkana Governor Josphat Nanok clashed with his close rival, former senator John Munyes, on whether the High Court in Lodwar should order for scrutiny and vote recount.

On one hand, Mr Munyes is asking the court to order that the results be re-tallied and an audit done in order to ascertain whether Nanok was validly elected.

Munyes in his claim relies on the Supreme Court's decision in the presidential election case in which it ordered the Independent Electoral and Boundaries Commission (IEBC) to open the servers and scrutinise all forms.

Munyes is targeting polling stations in Turkana North, few polling stations in Turkana Central, Turkana East, Turkana West and Loima Constituency.

But the incumbent is opposed to the new prayers, arguing Munyes did not challenge the results.

The court will determine today whether there will be a recount.

In another case, results for the Baringo North parliamentary seat posted on the IEBC portal and results entered in Forms 35A had a variance of 112 votes.

The results in the poll agency's portal showed the difference in votes between Joseph Makilap and William Cheptumo was 151 votes.

But results entered in Forms 35A indicated contenders had a difference of 39 votes.

Report by Peterson Githaiga, Kamau Muthoni, Julius Chepkwony, Jack Murima, Ignatius Odanga, Joseph Muchiri and Wainaina Ndung'u