MPs survive petition as court slaps Karaba with Sh10 million cost

The High Court has dismissed petitions challenging the re-election of two MPs in western Kenya.

Khwisero MP Christopher Aseka and his Ikolomani counterpart, Bernard Shinali, were facing petitions challenging their victory in the August 8, 2017 General Election.

The judge, Janet Mulwa, dismissed a petition filed by voter Isaac Omungo challenging the victory of Mr Aseka, ruling that the petitioner failed to prove his allegations that the accused had not resigned as a civil servant before vying for the seat.

In a separate court, Justice Ruth Sitati dismissed a petition against the victory of Mr Shinali, ruling that the petitioner, Khamisi Butichi, failed to discharge the burden of proof as required by the law.

Butichi had sought the nullification of the election on grounds that the second-time MP was involved in massive electoral malpractices.

The petitioner will also pay Sh3.5 million to the MP and another Sh3.5 million to the Independent Electoral and Boundaries Commission (IEBC) and the returning officer.

In Kirinyaga, a petition against Senator Charles Kibiru has been withdrawn.

However, High Court judge Abigael Mshila ruled that the petitioner, former senator Daniel Karaba, pay Sh10 million suit costs and forfeit his Sh500, 000 court security deposit.

Elsewhere, a Chuka magistrate's court in Tharaka-Nithi County dismissed a petition challenging the election of Muthambi MCA Wilson Nyaga, ruling that there was no justification to overturn his victory.

In Kisii, Justice Anthony Ndung’u dismissed an application for scrutiny and recount of votes in a petition challenging the election of Nyaribari Chache MP Richard Tong’i, ruling that it lacked basis.

In Narok, the ruling of a petition against Olposimoru ward MCA Wilfred Kikaet, who has been accused of using witchcraft to win, was postponed to February 7.

In Mombasa, the High Court directed the deputy registrar to file a vote scrutiny report for the Likoni parliamentary seat in the next five days. The scrutiny was ordered on January 25, 2018 in 10 polling stations.