Court orders Moses Wetang’ula to pay Sh4 million

By MAUREEN ODIWOUR and DOMICK MITIRO

Kisumu, Kenya: The Court of Appeal in Kisumu has ordered Bungoma Senator Moses Wetang’ula to pay Sh4 million to respondents in an appeal case in which his election was nullified.

The money will be paid to Musikari Kombo, Independent Electoral and Boundaries Commission (IEBC) and Madahana Mbaya who were respondents.

Mr Wetang’ula’s election was annulled by the High Court in Kakamega in September last year. Three months later, he was re-elected.

Court of Appeal judges David Maraga, Festus Azangalala and Jamilla Mohamed yesterday noted that bribery was the main reason for dismissing Wetang’ula’s appeal.

The three-judge bench said the senator bribed clergymen in a meeting held at Red Cross Kanduyi with Sh260,000.

“We have re-evaluated this evidence. We are satisfied that he gave Sh260,000 on Februry 22, last year, to the pastors and bishops who were assembled at Red Cross offices in Kanduyi,” they said.

But Wetang’ula denied the bribery claims, saying it was a normal bishops’ consultative meeting to which he went to seek blessings.

The judges said despite finding the senator guilty of the election offences including bribery, they cannot report him to the authorities.

“We cannot report him to the authorities simply because there was no cross appeal and the issue of reporting was not canvassed before them,” they said.

They quoted Section 72 of the Elections Act, which states, “An election can be challenged on grounds of corrupt practice and specifically alleging any payment of money or other acts...”

“Corruption affects the will of the people and when the will is affected, the election should be set aside,” they said.

Other issues that arose included double registration, more than one Form 35 in a ballot box, erroneous voter entries and voter turn out in some polling stations.