Awiti floors Magwanga as court declares him winner

Homa Bay Governor Cyprian Awiti. [Photo, Standard]

They say the third time’s the charm.

For Homa Bay Governor Cyprian Awiti, the Supreme Court decision was to be a deal breaker on whether he lives to lead the county another day or a by-election date should be set.

In a ruling that lasted almost two hours, Supreme Court judge Jackton Ojwang said the lower courts should not have ignored calls for vote scrutiny.

"The law was overlooked," Ojwang said, criticising the lower courts for overlooking the scrutiny report.

The petition challenging the election of Awiti, popularly known as Akuba, was filed in September 2017 by former Kasipul MP Oyugi Magwanga.

The suit originated from the High Court and headed to the Appellate court. Both rulings nullified his victory in the August 8, 2017 race.

Three judges at the Court of Appeal upheld an earlier decision by High Court judge Joseph Karanja.

Justices Fatuma Sichale, Otieno Odek and Philip Waki cited poll malpractices in the ruling issued on July 19, 2018.

Both Magwanga and Awiti sought the ODM ticket in nominations that set the stage for the petitions and questioned victory.

In the April 2017 nominations, Awiti garnered 46,346 votes against Magwanga's 14,661.

Magwanga questioned the results, leading to him running as an Independent candidate in the General Election.

The poll results set the outcome as 210,173 for Awiti and 189,060 for loser Magwanga.

The high-voltage case, especially for Homa Bay residents, attracted both politicians' and supportes' interest.

The courtroom was packed, with more waiting outside, even before the 2pm delivery time.

They broke into song and dance following the ruling that favoured Awiti.

Initially the ruling was to be issued at 9am, but it was pushed to afternoon.

The Genesis

The poll petition started shortly after the election.

But Awiti is not one to give up easily. Unhappy with the decision to nullify his election, he headed to the Court of Appeal in Kisumu, but even then, there was little hope as the Court of Appeal dismissed the case, saying it lacked jurisdiction. In such a case, the trial court ruling stays.

Justice Joseph Karanja, sitting in Homa Bay, said the poll was marred with irregularities and was therefore unfair.

All roads led to the Apex court, where Awiti hoped he would find justice. The governor’s legal team was led by senior counsel Tom Ojienda, Siaya Senator James Orengo and Rarieda MP Otiende Amollo.

Ojienda said the lower courts ignored key evidence, which included scrutiny and vote recount.

The Independent Electoral and Boundaries Commission was also reported to have released two sets of results, both declaring Awiti and Magwanga winners.

Magwagwa was represented by lawyer Charles Kanjama, who said a vote scrutiny is unreliable because there are efforts in place to suppress the people's will.

He added that Magwagwa's votes were reduced by a margin of between 50 and 100.

Supporters are said to have travelled to Nairobi to witness the Supreme Court ruling.

Awiti has not been in office for almost five months following an eye operation. Deputy Governor Hamilton Orata represented him in court.

Calling for peace

Magwanga called on his supporters to maintain peace regardless of the Supreme Court’s decision. Magwanga ran alongside Joshua Orero.

Like any other political duel, supporters of both Magwanga and Awiti took to social media, with each defending their man.

County Commissioner Irungu Macharia promised that security will be assured to the winning side, but supporters should not clash.