Reprieve as four MPs survive election suits

[Photo: Courtesy]

The High Court has upheld the election of Samuel Arama as the Nakuru Town West MP.

Similar rulings in Nyamira and Kisii counties saw petitions against Kitutu Masaba MP Shadrack Mose and his Bomachoge Chache counterpart Alfah Miruka dismissed.

In Nakuru, the petitioner, Isoe Ochoki, wanted Mr Arama’s victory in last August’s elections overturned over claims of irregularities. Other respondents in the case were the electoral commission and Constituency Returning Officer Gilbert Serem.

Mr Ochoki claimed Arama was declared the winner before all results were collected.

In her ruling, Justice Mumbi Ngugi said Arama was validly elected. She said Ochoki failed to prove the irregularities and ordered him to pay Sh5 million as costs of the suit.

“Elections in Nakuru Town West were conducted substantially and in order. The third respondent (Arama) was validly elected. The petition herein lacks merit and is therefore dismissed,” she said.

Warrant nullification

In Nyamira, Justice James Makau said the petitioner, Justus Omiti’s pleadings could not warrant the nullification of Mr Mose’s win.

“The petitioner has failed miserably to prove the second respondent (Mose) was not validly elected,” said the judge as he ordered Mr Omiti to pay Mose and the electoral commission Sh2.5 million each.

In Kisii, Justice Winfrida Okwany upheld Mr Miruka’s win and ordered the petitioner, Jeremiah Matoke, to pay the MP and the returning officer Sh3 million and Sh2 million respectively, for failing to prove his claims.

Mr Matoke had claimed there were two sets of results and that forms 35A were not stamped. 

Elsewhere, Justice Hellen Omondi dismissed a petition challenging the election of Zadock Ogutu as Bomachoge Chache MP for lack of merit.

The petitioner, Thomas Nyamache, will pay the MP Sh2 million, and the electoral commission and the constituency returning officer Sh1.5 million each.