SECTIONS

Governor, five MPs celebrate after validation of their elections by High Court

Former Gem MP Jakoyo Midiwo after the High Court dismissed his petition on February 26, 2018. [Photo: Collins Oduor, Standard]

A governor, senator, and four MPs registered major victories after their elections were upheld in Kisumu and Nairobi on Monday. 

In Siaya, Governor Cornel Rasanga and his supporters broke into celebration after the High Court dismissed a petition by former Rarieda MP Nicholas Gumbo, who was challenging his August 8 win.

Justice Esther Maina ordered Gumbo to pay Sh3 million as costs of the suit.

Emotions ran high as Gumbo's supporters, among them his wife, Susan Adhiambo, broke into tears after the judgement was delivered.

Gumbo said he was the 'people's governor' and added that he would consult his lawyers on whether to appeal the ruling or not.

Justice Maina dismissed allegations that Rasanga's election was marred with irregularities. The judge said the anomalies identified could have not affected the outcome of the election.

“During scrutiny of the votes conducted by the court’s registrar, the petitioner’s votes reduced by 2,033 while Rasanga’s increased by 3,949,” said Maina.

Rasanga extended an olive branch to Gumbo and his supporters, urging them to join him in developing the county.

“I call upon all leaders to come together for the sake of development. It has been a tough journey but I thank the people for their overwhelming support,” said Rasanga.

In the same court, former four-term MP Jakoyo Midiwo suffered a major blow after the court ordered him to pay Sh3 million after he lost a petition challenging the election of Elisha Odhiambo as Gem MP. 

In Kisumu, Justice David Majanja dismissed a suit challenging the election of Edward Kaunya as Teso North MP.

Jubilee Party's Arthur Papa challenged the election, claiming there were irregularities. Majanja said the petitioner failed to prove his claims.

In Kisii, Woman Representative Janet Ong'era slept easy after Justice Anthony Ndung'u upheld her election.

"An election is a political sacred act and courts must respect this unless clear evidence is produced to dispute results. The degree of proving any claims in an election petition should be above balance of probability," Ndung'u said.

Jubilee agent, Nahashon Akunga, who contested Ong'era's win, will pay Sh2.5 million.

Today, governors Okoth Obado (Migori) and James Ongwae (Kisii) will know their fates as the High Court delivers judgements on petitions challenging their election.

And in Nairobi, the election of Starehe MP Charles Kanyi alias Jaguar was upheld.

Justice Fred Ochieng said the petitioner, Steve Mbogo, did not provide enough evidence the election was marred by irregularities.

electoral commission

Mbogo, who contested the seat on an ODM ticket, was ordered to pay Sh10 million to be shared by Jaguar, the electoral commission, and Philice Kayiemba, who was the returning officer.

“The petitioner did not satisfy the legal burden of proof that the elections were not conducted in accordance with the law,” said Justice Ochieng.

Mbogo lost to Jaguar, getting 38,294 votes against the MP's 61,262.

The High Court in Nairobi also upheld Mandera Senator Mohamed Maalim's win after dismissing a petition by Aden Osman Hassan. High Court judge Francis Tuiyott said the discrepancies cited by the petitioner could not warrant nullification of the process.

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