Petitioners to pay millions in costs as two governors, MP celebrate

MCA Philemon Onyango (in a black jacket) celebrates his victory with supporters. Homa Bay court upheld his victory on February 23, 2018. [Photo/JAMES OMORO]

Two governors and an MP are among leaders who survived election petitions.

The High Court in Kitale upheld the re-election of Trans-Nzoia County Governor Patrick Khaemba whose win was challenged by two voters.

Judge Anthony Charo dismissed the petition on grounds that it lacked merit and the petitioners failed to prove the election was marred with electoral malpractices.

The petitioners Robinson Mwanga and Alfred Chole claimed agents of other gubernatorial candidates were chased away from some polling stations and Mr Khaemba’s agents engaged in voter bribery.

Justice Charo declared that reports from vote scrutiny and recount he had ordered failed to reveal substantial irregularities.

“It is clear there were no irregularities detected from the vote scrutiny I had ordered the deputy registrar to conduct nor were there any alarming discrepancies in the recount report,” the judge said.

The judge ordered the petitioners to pay Sh10 million as cost of suit where Sh5 will go to Khaemba while the county returning officer and IEBC will share the balance.

Opposition leaders led by NASA co-principal Moses Wetang’ula, MPs Chris Wamalwa and Ferdinand Wanyonyi were present during the judgment.

In Nyahururu, Samburu Governor Moses Lenkulal sighed with relief after Justice Roselyne Wendoh ruled that the elections were free and fair.

Former Samburu West MP Semeon Lesrima wanted the governor’s election nullified over claims that election was marred with electoral malpractices.

However, Justice Wendoh dismissed the election petition for lack of evidence and directed the petitioner to pay Sh6 million as cost of suit.

Of these, Sh4 million will go to the governor who was the first respondent while the Independent Elections and Boundaries Commission would be paid Sh2 million.

“The petitioner has not been able to present to this court enough evidence that there elections were not held as per the law. I therefore dismiss this case with costs,” she ruled.

Elsewhere, Bomachoge Chache MP Alfah Miruka pledged to work closely with his opponents after a petition against him was struck out.

Miruka who was addressed his supporters in Ogembo Town, said that it was now time to set aside political differences and serve constituents. The legislator who was elected on a Kenya National Congress Party ticket, extended an olive branch to his competitor Jeremiah Matoke.

And a man who unsuccessfully ran for Kagan Ward seat in Rangwe constituency as an independent candidate has vowed to move to the High Court to challenge the victory of area MCA Philemon Onyango after Homa Bay Senior Principal Magistrate Thomas Obuto dismissed his petition.

The Principal Magistrate threw out the petition for lack of evidence and ordered Odongo to pay a fine of Sh1 million for the case.

But Odongo said: “I am dissatisfied by the judgment and Kagan people must get justice which can only be obtained through an appeal.”

[Story by Osinde Obare, James Munyeki, Edwin Nyarangi and James Omoro]