Three governors survive election petitions as losers fined heavily

Migori County Governor Zachary Obado (waving to the crowd) celebrates his victory on 27th February after Migori High Court upheld his election as Migori County Governor. [Photo by Caleb King'wara/Standard]

Three county chiefs yesterday survived attempts to oust them from office after petitions challenging their election collapsed.

Governors Okoth Obado (Migori), James Ongwae (Kisii) and Josphat Nanok (Turkana) are now assured of another term in office. Others who survived are Majority Leader in Parliament and Garissa Township MP Aden Duale, Lang’ata MP Nixon Korir and Kilgoris legislator Gideon Konchella.

There was, however, no good news for Marakwet East MP David Kangogo Bowen whose election was nullified on grounds of massive irregularities and breach of electoral laws.

In Migori, former Cabinet minister Ochillo Ayacko suffered a setback after Justice Hillary Chemitei dismissed his petition against Obado, who won his second term in office in the August 8, 2017 elections.

Ochillo, who ran as an independent candidate, challenged Obado’s victory claiming there was bribery of voters, multiple voting, non-identification of voters, and misuse of public resources, among others.

Yesterday, Justice Chemitei dismissed Ochillo’s appeal on grounds that it lacked merit.

Chemitei argued Ochillo’s witnesses failed to prove the allegations they raised in court.

“The petitioner raised many allegations but there was no truth in them,” said the judge.

Ochillo was also slapped with a Sh6 million legal fee for the suit. He said he would pursue further legal redress.

Next move

“I am still consulting my lawyers on my next move. But I won’t disappoint my supporters in my endeavour to become the governor of this county,” he said.

In Kisii, Justice Hellen Omondi upheld Ongawe’s victory, saying the petitioner, Joel Onsando, failed to prove his case against the governor who is serving his second term.

Omondi said the petitioner had presented a case for determination on the basis of a number of issues, including whether the voters’ register was credible and verifiable, whether there were differences in votes cast for the six elections and whether the third (James Ongwae) and fourth respondents (deputy governor Joash Maangi) committed poll offences.

She also directed the petitioner to pay Sh5 million to the respondents.

Former Suna West MP Joseph Ndiege also lost a petition he filed against incumbent MP Peter Masara.

Justice Chemitei dismissed the case, saying Ndiege failed to provide sufficient evidence to back his petition.

He also ordered Ndiege to pay a petition cost of Sh3 million.

In Kisii, High Court Judge Anthony Ndung’u upheld the election of John Oyioka (People’s Democratic Party) as MP for Bonchari Constituency.

Justice Ndung’u ruled the petitioner, former area Member of National Assembly Zebedeo Opore (Jubilee Party), did not provide sufficient evidence to back his claims of malpractices during the electioneering period.

Ndung’u ordered Opore to pay Sh5 million as the general costs for the petition.

Elsewhere, the High Court in Kericho ordered the Independent Electoral Boundaries Commission (IEBC) to pay Sh5 million legal costs after it failed to secure polling materials in the Kilgoris parliamentary vote.

Justice Martin Muya, however, dismissed the petition filed by former MP Julius Sunkuli and ruled in favour of his competitor Gideon Konchellah who was declared winner in the August 2017 polls.

In his hour-long ruling, Justice Muya said though some of Sunkuli’s election allegations had been proved, they could not amount to a nullification of the election.

“The effect of the irregularities allegations and indeed some of which have been proved, I find do not by themselves amount for a declaration that the election was so badly conducted that there is a need for court intervention,” said the judge.

Speaking outside the Kericho Law Courts, a dejected Sunkuli faulted the judgement, adding he would be moving to the Court of Appeal to challenge the High Court’s verdict.

An elated Konchellah said the ruling validated his election as the Kilogoris MP, a position he has held for the past three terms of 15 years.

In Lodwar, the High Court dismissed a petition by former Turkana Senator John Munyes challenging Nanok’s victory in last year’s polls.

Recently appointed

The court further directed Munyes, who was recently appointed Mining Cabinet secretary, to jointly pay with IEBC Sh4.5 million costs of the suit.

In his ruling, Justice Stephen Riechi tossed out issues raised by the petitioner, saying he had failed to prove the allegations, including claims that the county chief bribed voters.

In his application, Munyes sought the nullification of Nanok’s win, arguing the electoral process was marred with numerous malpractices that favoured his competitor.

While commenting on the verdict, Nanok expressed disappointment that the court was too lenient with Munyes by asking him to pay Sh4.5 million as suit costs, saying he had spent a lot to defend his win.

Lang’ata MP Nixon Korir also had a reason to smile when a petition filed by Oscar Omoke challenging his win was thrown out yesterday.

Lady Justice Lucy Njuguna said Omoke failed to provide enough evidence to warrant the nullification of the whole poll.

She also directed that Sh2.5 million be paid to Korir while Sh2.5 million be paid to IEBC.

The judge cited insufficient evidence as her reasons for failing to invalidate the MP’s win.

Omoke, Korir’s rival, had moved to court last year to challenge the lawmaker’s victory.

He cited massive irregularities and illegalities.

On January 23, this year Justice Njuguna ordered a recount in six polling stations to establish valid and spoilt votes.

Duale can also heave a sigh of relief after High Court judge Hedwig Ong’undi dismissed Wiper party deputy leader Farah Maalim’s suit against his win.

The same court also upheld the election of Mandera East MP Omar Mohammed Maalim.

In yet another petition, the court declared Meja Bashir Abdulahi as duly elected by Mandera North constituency voters.