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Court upholds election of Lurambi MP Raphael Otaalo from CORD coalition

By By Alex Namuliro | Sep 4th 2013 | 1 min read

By Alex Namuliro

KAKAMEGA, KENYA: Lurambi MP Raphael Otaalo (ODM) election has been upheld by the Kakamega High Court.

Giving the verdict on Wednesday morning, Justice Juma Chitembwe said that although there was a misrepresentation of the petitioner’s name in th ballot paper, it did not affect the out come of the results.

“On the ballot paper the Party symbol, the party name and the petitioners photo were correct except his name was not represented correctly, although the mistake results to non compliance to the election law it does not warrant the nullification of the of the election because it did not materially affect the results,” Justice Chitembwe read.

The petitioner in the case Athony Luyundi challenged the election of Mr. Otaalo citing the omission of his name on the ballot paper even after the same body cleared him to vie for the seat.

During his testimony the petitioner told the court that he realized on the voting day  the name that was printed against his photo and party symbol was not his name.

He further told the court that this cost him his bid for the seat as people opted to vote for Mr Otaalo who captured the seat.

“The petitioner has not therefore discharged the burden of proof that the ballot paper mistake affected the election therefore the election was free and fair and I hereby dismiss the petition and each party shall meet there costs,” Justice Chitembwe said.

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