Governor Evans Kidero survives as high-profile petitions flop

Nairobi Governor Evans Kidero (centre) after the court upheld his election.  [PHOTO: FILE/STANDARD].

 

By Stephen Makabila          

Nairobi,KENYA; Three Governors, among them Nairobi County’s Evans Kidero and five MPs survived election petitions this week, as some of the most awaited electoral legal battles continue to be dispensed with.

The week saw the courts dismiss major petitions, saving several MPs from going back to the ballot, and the Independent Electoral and Boundary Commission (IEBC) from financial constraints occasioned by by-elections.

Seven by-elections have been planned for October 17, among them one for Siaya Governor, two parliamentary contests in Kibwezi West and Matungulu, and four for Members of County Assemblies.

Apart from Kidero, Nyeri Governor Nderitu Gachagua and Kakamega Governor Wycliffe Oparanya survived petitions challenging their elections.

The High Court in Nairobi declared Kidero was validly elected, and dismissed a petition filed by his challenger, Ferdinand Waititu. Justice Richard Mwongo, who made the ruling on Tuesday, stated that discrepancies noted by the petitioner in Form 36 during the election are not sufficient to render Kidero’s election null and void.

And on Monday, Nyeri High Court dismissed a poll petition filed against Gachagua by his rival Thuo Mathenge. Ironically, Kidero and Gachagua have also faced scares from impeachment attempts by their respective county assemblies.

MPs who have survived the petitions include Sammy Mwaita (Baringo Central), Dalmas Otieno (Rongo) and Njoro MP Joseph Kiuna. Others are Othaya’s Mary Wambui and Mustapha Iddi Salim of Kilifi South.

A week earlier, five other MPs and a Governor survived the petitions following High Court rulings across the country.

Among those who had survived are Trans-Nzoia   Governor Patrick Khaemba of Ford-Kenya, Kisumu Town West MP Olago Aluoch, Vihiga MP Yusuf Chanzu and Lurambi MP Raphael Otaalo.

Others were Bungoma County women representative Reginalda Wanyonyi and Khwisero MP Benjamin Andola.

The IEBC Chairman Ahmed Issack Hassan has called upon the courts to go ahead and declare the winner in an election petition where it is clear who won after the re-counting of ballots cast.  He said the law now gives the courts discretionary powers to do so and therefore IEBC should not be subjected to expensive by-elections.

“Section 80(4)(a) of the Elections Act, 2011provides that an election court may by direct the commission to issue a certificate of election to a President, a Member of Parliament or a member of a county assembly if, upon recount of the ballots cast, the winner is apparent. Most petitions have been dismissed by the courts,” said Hassan.

Among some of the high profile petitions whose rulings are being awaited   include that of Kisii Senator Chris Obure (CORD), Bungoma Senator Moses Wetangula (CORD) and Mombasa Governor Hassan Joho (CORD). While Obure’s fate will be known tomorrow, the ruling on Wetangula petition is set for the end of the month.

And as more rulings are awaited, political parties have lined up candidates for the October 17 by-elections. CORD has settled on Cornel Rasanga as its candidate for Siaya governor seat while Stephen Mule of Wiper and Kalembe Ndile of TIP will be the only CORD candidates for Matungulu and Kibwezi West constituencies, respectively. 

While Jubilee’s TNA and URP have not identified any candidates for the seats, Narc, which also falls under the Jubilee, is expected to line up candidates in Kibwezi and Matungulu.

“We are not conducting any nomination and in places we have more than two candidates, we will sit down with them and negotiate to agree on a strong candidate,” Narc party leader Kiema Kilonzo said.

Candidates nominated by various political parties will present their papers to the IEBC on Thursday ahead of the October 17 by-election.

The IEBC has already appointed Returning Officers to conduct the seven by-elections.

Those appointed by the commission to oversee the by-elections include Jackline Osiemo (Siaya County), Leornard Okemwa (Matungulu), Noor Arare Gedi (Kibwezi West), Mark Owiso (Ilima Ward, Kaiti Constituency), Paul Chemtut (Mnagei Ward, Kapenguria Constituency), Charles Maina (Benane Ward, Ragdera Constituency) and Mary Nyambura Ndung’u (Kahawa Sukari Ward, Ruiru Constituency).