Elected leaders, petitioners’ day of reckoning is nigh in Nakuru High Court

By Standard Team

NAKURU; KENYA: Hearing of three election petitions before Nakuru High Court have been finalised with parties awaiting court decision.

The court handled Narok governor petition and three suits challenging election of MPs in Narok East, Kuresoi south and Njoro constituencies.

An election petition filed by Simon Kiprono Sang, who lost Kuresoi South election to Zakayo Cheruiyot was struck out by High Court.

Kiprono had a change of heart after filing the petition and sought to have it withdrawn citing peace and stability.

However, Justice Roselyn Wendoh overruled Kiprono and struck out the petition but ordered him to pay legal costs after electoral commission objected to the move.

In the Narok governor election petition, Justice Roselyn Wendoh ordered for scrutiny of Forms 35 and 36 from two constituencies.

The scrutiny began on July 29 under the supervision of Principal Magistrate Felix Kombo and covered retallying of votes from Narok West and Kilgoris constituencies.

The scrutiny of tallies for Kilgoris Constituency showed Tunai garnered 17,970 votes against Daniel Kiptunen 9,835 votes. The petitioner Olekina got 441 votes from the constituency.

Forms 35 for 16 ballot boxes for Narok West were, however, found missing when the ballot boxes were opened in court.

In Narok East election petition, Justice Anyara Emukule is set to determine an application by petitioner Harun Lempaka whether to order for votes recount and scrutiny.

In Njoro election petition, also before Justice Emukule, the petitioner Karanja Kabage, Joseph Kiuna and electoral commission will appear in court on September 2 after hearing was concluded in June 24.

At Kericho High Court, Bomet Senator Wilfred Lesan will know his fate on August 19.  This is after parties involved in the petition filed by Kanu secretary general Nick Salat made final written and oral submission on July 26.

Kisumu High Court Judge Aggrey Muchelule sitting in Kericho is expected to make judgement.

In North Rift, High Court in Kitale and Eldoret have so far concluded five petitions out of seven.

The cases involve parliamentary and gubernatorial elections.

Kitale Judge Joseph Karanja ruled against petitions challenging election of MPs Mark Lomunokol (Kacheliba), Dr Robert Pokuse (Endebess), Samuel Moroto (Kapenguria) and Janet Nangabo (Trans-Nzoia Woman Rep).

On Wednesday, Judge Karanja ruled in favour of Moroto on grounds that the petitioners failed to give substantive evidence to nullify his election.

Two cases still pending at Kitale High Court are those of Trans-Nzoia Governor Patrick Khaemba and Saboti MP David Wafula.

Khaemba’s victory is being challenged by former Cabinet minister Noah Wekesa while businessman Omar Mutacho wants Wafula’s election nullified.

–– Patrick Kibet, Nikko Tonui, Osinde Obare and Faith Ronoh