Judge declines to annul Didmus Barasa's victory based on election day violence

High Court judge Mary Kasango has struck out a petition to nullify the election of Kimilili MP Didmus Barasa based on violence that led to the killing of a voter on August 9.

The judge said the alleged violence and the killing did not have a bearing on the electorates.

She noted that the petitioner, Bryan Khaemba, was not disputing the way the election was conducted by the IEBC and its returning officer.

"The alleged altercations and violence that is pleaded in the petition occurred outside a polling station. No mention whatsoever is pleaded how those alleged acts which by the petitioner's own account occurred outside the polling station affected the rights of the electorates," said Justice Kasango, while allowing a request by Mr Barasa's lawyer, Omwanza Ombati, to strike out the petition.

Acts of violence

She stated that the petitioner ought to have explained how the alleged acts of violence affected the voters.

"Such pleadings ought to have been clear with specification," said the judge.

Mr Barasa is accused of murdering Brian Odinga Olunga at the Chebukwabi polling station in Kimilili constituency on August 9, voting day. The shooting allegedly happened immediately after voting was closed.

The second-term lawmaker denied the charge before Justice Otieno.