Court upholds election of Deputy Majority Leader Jimmy Angwenyi

Kitutu Chache North MP Jimmy Angwenyi addressing his supporters outside Kisii High Court today after the Court upheld his August 8 Election. (Photo Eric Abuga/Standard)

National Assembly Deputy Majority Leader Jimmy Angwenyi's election has been upheld by the Kisii High Court.

Presiding Judge argued that the petitioner failed to convince the Court on the Standard of burden of proof.

She argued that even if the errors raised by the petitioner could be considered, the first respondent stood to gain more votes as compared to the petitioner who was likely to lose.

The Petition had been filed by a voter Robert Ndemo Mokaya who argued that the elections didn't reflect the free will of the people.

According to Ndemo, the first voter turnout exceeded the registered number of voters and that there was breach of code of conduct by IEBC and the returning officer.

Ndemo further argued that statutory forms lacked serial forms lacked serial numbers and were never signed according the elections laws and regulations adding that the elections were not conducted according to the electoral laws.

However, during his reexamination by the IEBC advocate Mr Daniel Achach, the petitioner told the Court that some of the polling stations he had stated in the petition were nonexistent.

Achach argued that statutory forms could only bear agents signature if at all they were present at the tallying center at the time the results. In this case, Achach told the Court that all agents other than that of the first respondent were not present at the tallying center.

The Court said that the presiding officer didn't record reasons why the agents failed to sign the forms.

"Regulation 76 (6) presents refuge for the presiding officer. Lack of such signatures cannot lead to the invalidation of results. It has not been shown that the refusal to sign the forms was as a result of protest," said Lady Justice Omondi.

"I concur with the first respondent's counsel that the elections were fair and free."

The Judge in her ruling said that the petitioner had asked the Court to expunge some paragraphs from his petition that alleged incidents of bribery and voter intimidation.

Nevertheless, the Judge said that the errors that might have occurred didn't not affect the results.

"In any event the errors were so minimal and could not affect the net results," she said.

The Judge said that the petitioner's advocate Edward Begi had submitted that there were irregularities and illegalities in the elections.

"It is not the work of the Court to gather evidence in any election petition."

The Judge argued that some individuals have been using surrogates in filling elections hence slashing the petitioner with Sh2 million.

One million each for the first and second respondents.

Angwenyi who is the longest serving MP in the current parliament had won the elections with 16,121 votes while his closest challenger Ogamba Migos of ODM had garned 6,736 votes.

A total of 35,682 votes were cast with 14 candidates having been cleared by IEBC to contest for the Kitutu Chache North parliamentary seat.

Addressing his supporters after the rulling, Angwenyi said he is ready to work with Kisii Governor James Ongwae towards reducing unemployment levels in the area.

"Am glad that you have stood with me all this trying moments. We thank President Uhuru Kenyatta for appointing our sons and daughters to powerful positions in the government. We have started our 2022 journey," said Angwenyi.

He added: "We will not entertain politics of use and dump. We cannot some individuals who are ever against our people. Wiper party should ensure that Borabu MP Ben Momanyi gets the PSC slot."