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How "notorious" Kenya High Courts is encouraging electoral impunity

5th March, 2018

Election petition losers could collectively fork out at least Sh500 million in punitive costs awarded to the winners as the courts conclude the cases tomorrow.

A review by The Standard of about a third of the 388 petitions already decided indicated the petitioners who lost their bids to unseat various leaders were ordered to pay Sh347 million collectively. This is a double blow for the petitioners, who went to court hoping to overturn their rivals' election victories and have another chance to contest the seats. Instead, they now have to foot hefty legal bills months after the elections last August.  However, it has emerged that this year, the courts were guided by caps on costs to be awarded in the petitions. Compared to cases filed after the 2013 General Election, the number of cases filed after last year's polls increased from 188 to a record 388. Even with the checks, the awards against unsuccessful petitioners were high, with those petitioning against governors being slapped with the heaviest costs. Out of the 21 petitions against governors decided, the courts collectively charged losers Sh126.3 million. The highest award for cases involving governors was Sh12 million against petitioners who unsuccessfully challenged the election of Laikipia Governor Ndiritu Muriithi and his Busia counterpart Sospeter Ojaamong.

 

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