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Relief for Nyong’o, Waiguru as courts uphold poll wins

By Harold Odhiambo and Munene Kamau | Published Fri, June 15th 2018 at 00:00, Updated June 15th 2018 at 00:02 GMT +3
Kisumu governor Anyang' Nyong'o

In summary

  • Karua ordered to pay Sh5m for cost of the suit
  • Four other governors to know their fate by end of July

Kisumu Governor Anyang’ Nyong’o and his Kirinyaga counterpart Anne Waigiru were validly elected, courts ruled Thursday.

In Kisumu, former governor Jack Ranguma — who lodged the petition — said he was not bitter with the decision though he still believed he won last year’s election.

Mr Ranguma, who was dissatisfied with the lower court’s decision had moved to the appellate court seeking to overturn the ruling and had listed 11 grounds to prove his case.

In the course of the proceedings, he had told a three-judge bench that there were electoral malpractices. He accused the Independent Electoral and Boundaries Commission (IEBC) of declaring results without the results of five polling stations.

But Thursday, Court of Appeal judges Phillip Waki, Fatuma Sichale and Otieno Odek dismissed all grounds of the appeal saying it lacked merit.

Justice Waki — who read the judgement — said that Ranguma failed to prove claims of malpractices and fraud.

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“There is no proof that the failure by IEBC to include results from five polling stations affected the results,” he said.

Following the judgement, supporters of Prof Nyong’o broke into song and dance, with the governor saying he was now free to continue serving Kisumu residents.

Governor Kirinyaga County Anne Waiguru flanked by Murang'a Senator Irungu Kang'ata

And in Kirinyaga, the High Court ruled that the petitioner — Martha Karua failed to prove that governorship elections were marred with irregularities and her poll agents were locked out of polling stations.

In her five-hour judgement, Justice Gitari dismissed all claims raised in the petition, ruling that Ms Karua had failed to discharge the burden of proof.

“I find the evidence of these two of Karua’s witnesses unreliable since they were expected to file their findings with the IEBC (but did not),” Justice Lucy Gitari.

Waiguru’s deputy Peter Ndambiri — who was in court — asked Karua to swallow her pride and join their team to build the county.

In addition, Karua was ordered to pay Sh5 million for costs of the suit. Of this, Sh2 million will go to IEBC and the rest to to Waiguru. The former Gichugu MP said she would appeal the judgement.

The four other governors, Okoth Obado ((Migori), Cyprian Awiti (Homa Bay), James Ongwae (Kisii) and John Nyagarama (Nyamira) will know their fate end of July.  

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