Duale, five governors election validity to be determined this week

Petitions have to be determined within six months after they are filed. [Photo: Courtesy]

National Assembly Majority Leader Aden Duale and five governors are among 200 leaders whose election validity will be determined by the courts this week.

The petitions have to be determined within six months after they are filed and judges and magistrates are rushing to beat this deadline.

Others who will be waiting to know their political fate include Migori Governor Okoth Obado and his counterparts Ali Roba (Mandera), Fahim Twaha (Lamu), Cornel Rasanga (Siaya) and Nyamira’s John Nyagarama.

According to a report by the Judiciary Committee on Election Petitions, there are 214 cases still pending before courts and have to be determined by the end of this month.

So far, 118 judgments have been delivered. They include the dismissal of petitions against seven governors, three senators, 25 MPs, 69 MCAs and 31 party nominees.

In the petition before the High Court in Garissa, former Deputy Speaker Farah Maalim had challenged Duale’s election, claiming there were iregularities in the counting of votes in Garissa Town Constituency.

In Siaya, Rasanga and Gem MP Elisha Odhiambo will know the outcome of petitions challenging their elections tomorrow. Rasanga’s victory had been challenged by former Rarieda MP Nicholas Gumbo, who claimed election laws were flouted.

In the same High Court in Siaya, former Gem MP Jakoyo Midiwo hopes that Judge Esther Maina will invalidate Odhiambo’s win.

In Migori, Governor Obado, who was elected on an ODM ticket, hopes his victory is confirmed, against the prayers of former Cabinet minister Ochilo Ayacko.

Notable also will be the petition in Mandera where Economic Freedom Party candidate Hassan Noor claims Governor Ali Roba’s election was marred by irregularities. The case will be determined on February 28 by Justice Fred Ochieng at the Milimani High Court in Nairobi.

Other high profile judgments are on petitions against Governor John Nyagarama filed by Walter Nyambati on February 28, Nkoidila Ole Lankas against Narok Senator Ledama ole Kina on the same date and former Lamu Governor Issa Timamy against incumbent Fahim Twaha.

Security of costs

This week, the courts upheld the elections of Trans Nzoia Governor Patrick Khaemba, Samburu’s Moses Lenolkulal and Mombasa’s Hassan Joho.

Other governors whose elections have recently been upheld include Alfred Mutua (Machakos) and Amason Kingi of Kilifi.

A similar one was the case against Kericho Governor Paul Chepkwony, which collapsed after petitioner Richard Sigei failed to produce money for the security of costs. He also did not serve the respondent.

Petitioner Mwamlole Mbwano’s case against Kwale Governor Salim Mvurya was dismissed because he failed to enjoin the deputy governor in his case. A petition by Omar Mwakamole against Kwale Woman Representative Zulekha Juma was dismissed because it was not drafted according to the rules and the security for costs was not paid.

In the report by the Judiciary committee, petitions of Andrew Toboso against Butere MP Tindi Mwale and Stephen Kolimuk against Pokot South MP David Pkosing were dismissed because they were filed out of time.

It also indicated in the outcome of petitions that three challengers of the governor position, six of the MPs, a senator candidate and six MCAs had willingly withdrawn their cases from both the high and magistrates’ courts.

Three governor petitions were withdrawn, including those challenging the elections of Meru’s Kiraitu Murungi, his Narok counterpart Samuel Tunai and Kajiado’s Joseph ole Lenku.

Former Meru Governor Peter Munya had challenged Kiraitu’s election while a voter, James Nakola, petitioned against Tunai’s win.

In Lenku’s case, former Governor David Nkedienye withdrew his case.

In Nyeri, the petition against Ruguru MCA, the late James Macharia, was terminated following his death.