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Governors Ongwae, Nyagarama survive appeals

By Harold Odhiambo | Published Fri, July 27th 2018 at 00:00, Updated July 26th 2018 at 20:24 GMT +3


Kisii Governor James Ongwae and his counterpart heading Nyamira County John Nyangarama. [Photo/County]

The Court of Appeal yesterday upheld the victories of the governors of Nyamira and Kisii in last year's General Election. 

In the verdict on an appeal by James Ongwae (Kisii) read by Justice Kathurima M'Inoti, the judges ruled that the petitioners had failed to prove their case and ordered them to pay Sh4 million in costs.

The appeal had been filed by two voters, Makari Onsando and Francis Mochoge, who were seeking to overturn a High Court verdict that upheld Mr Ongwae's election victory.

They claimed the judge erred in law in dismissing the suit and listed five grounds, including failing to recuse herself from the case.

The petitioners told the court that High Court Judge Hellen Omondi ignored crucial evidence that they presented to support their case.

Through their lawyers, Gerishon Otachi and Edward Begi, the petitioners said the election was marred with irregularities.

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However, the Appeal Court judges yesterday ruled that Justice Omondi did not err by failing to recuse herself from the case.

In the case of John Nyagarama (Nyamira), Justice Stephen Gatembu ruled that the appellant had brought in new witnesses who were not present during the hearing of the case at the High Court.

The appeal had been filed by Walter Nyambati, who was seeking to have the judges overturn the ruling in his favour and order a by-election

Mr Nyambati will now pay Sh3 million in costs after the court dismissed his appeal.

In Bungoma, Kabuchai constituency could be headed for a by-election after the Court of Appeal overturned a decision by the lower courts that had upheld the election of MP James Lusweti.

Judges Jamila Mohammed, Erastus Githinji and Hannah Okwengu ruled that Mr Lusweti was not validly elected after a successful appeal filed by Tale Nabangi.

At the Coast, the Court of Appeal upheld the election of Mohamed Ali MP Nyali and his Changamwe counterpart, Omar Mwinyi.

Justices Alnashir Visram, Wanjiru Kariuki and Martha Koome found that the election of Mr Mwinyi and Mr Ali were above board

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