Court of appeal judges seek help as several appeals filed

More judges will be posted to speed up 21 election petition appeals in Nyanza, Western and Rift valley.

Justices Hannah Okwengu, Jamila Mohammed and Erastus Githinji were expected to handle all the cases at the appellate courts in Kisumu and Eldoret, but the work proved too much.

Yesterday, Justice Githinji said the three had petitioned the President of the Court of Appeal, William Ouko, to set up another bench to help dispense with the cases.

Githinji said the three of them were overwhelmed by appeals whose dates of hearing were already set.

He said the court was working under strict timelines and needed assistance.

“We have requested Nairobi to assist us and the president of the court has already agreed,” said Githinji.

The judge, who was speaking during the mention of an appeal by Homa Bay Governor Cyprian Awiti, said eight cases had already been reassigned to Nairobi-based judges.

The judges, he said, would be in Kisumu between May 7 and May 18 to handle the cases.

The cases before the appellate court include five appeals involving governors.

Four cases are challenging the decisions of the lower courts to uphold the elections of governors Anyang’ Nyongo (Kisumu), Okoth Obado (Migori), James Ongwae (Kisii) and John Nyagarama (Nyamira).

Appeal cases

Awiti wants the court to overturn a ruling that was delivered in favour of his challenger, former Kasipul MP Oyugi Magwanga.

Eight MPs from Kisumu are seeking to save their seats, while Ugenya MP Chris Karan, whose election was nullified by the High Court, is seeking to have the court rule in his favour.

Six other cases, including a petition by Nandi MP Alfred Keter which went through pre-trial yesterday will be heard in Eldoret. Keter's case will be heard on May 18.