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High Court dismisses petition against Kitutu Masaba MP Timothy Bosire

By By Kenan Miruka | September 30th 2013

By Kenan Miruka

KISII, KENYA: The High Court in Kisii has dismissed a petition challenging the election of Timothy Bosire as Kitutu Masaba MP.

In his verdict delivered before a packed court, trial judge Justice Edward Muriithi said the petitioner had failed to prove the grounds of the petition above the required threshold.

It was a blow to the petitioner who was ordered to pay costs of the suit. For Bosire, a first time MP who vied for the seat on an ODM ticket, the judgment came as a reprieve. The elated politician said the verdict had vindicated his win in the March 4 poll.

Voter Paul Mochorwa filed the petition citing massive irregularities in the counting and tallying of votes across a number of polling stations in the constituency on March 4 this year.

 He listed Bosire, the Returning Officer Fredrick Odenge and the Independent Elections and Boundaries Commission (IEBC) as first, second and third respondents respectively.

Bosire who vied for the seat on an ODM ticket was declared winner after polling 23,303 votes against his closest challenger Shadrack Mose who garnered 14,663 while former MP Walter Nyambati emerged third with 13,159 votes.

Petitions challenging elections of Tongaren MP Simiyu and Kitutu Timothy dismissed by Bungoma and Kisii High Courts respectively



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