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Tight security as court throws out former MP petition against Kisauni MP Ali Mbogo

By Joackim Bwana | Published Tue, March 6th 2018 at 00:00, Updated March 5th 2018 at 22:31 GMT +3
Police officers from the Rapid Response Unit, Regular police, Administration Police and prison warders cordoned off the court premises. [Photo: Courtesy]

The High Court on Monday upheld the election of Kisauni MP Ali Mbogo amid tight security.

The election had been challenged by former area MP Rashid Benzimba.

Police officers from the Rapid Response Unit, Regular police, Administration Police and prison warders cordoned off the court premises.

The move may have been caused by the violence that was witnessed when the election of Nyali MP Mohammed Ali was upheld by Justice Lydia Achode. 

However, peace prevailed yesterday as few supporters of both Mr Mbogo and Mr Benzimba were allowed to attend the judgement that lasted for one hour. Justice Eric Ogola said Benzimba had not proved any of the allegations made.

Benzimba left immediately the judge finished reading the judgement as Mbogo and his supporters celebrated.

Justice Ogola directed Benzimba to pay Mbogo, the Independent Electoral Boundaries Commission and its returning officer Sh2.5 million.

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“In the spirit that justice is accessible to all and does not seem to lock out litigants, this court awards a cost of Sh2.5 million. Sh1.5 million to the respondent and Sh1 million to be shared between IEBC and the returning officer,” said Ogola.

Benzimba had accused Mbogo, who ran on a Wiper ticket, of taking advantage of Mombasa Governor Hassan Joho’s influence to woo voters yet his leader was Hassan Omar who lost to Joho.

Benzimba, a close ally to Joho, accused Mbogo of voter bribery. He also accused the police of harassing his agents. IEBC exhibited favouritism, ejected his agents from polling stations and some forms 35A were not signed, he added.

Ogola dismissed the claims and said that Benzimba had failed to provide substantial evidence to prove any of these claims.

“The petitioner has failed to provide any sufficient proof to any of his claims and therefore the court cannot operate on mere claims. This court therefore finds that Ali Mbogo was validly elected as MP Kisauni Constituency and  therefore dismisses the  petition with cost,” said Ogola.


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