Court upholds Gideon Mung'aro win as Kilifi governor
Kilifi Governor Gideon Mung'aro (centre) with his Deputy Flora Chibule (left). The court upheld their victory in the last polls.
The High Court on Thursday affirmed the election of Kilifi Governor Gideon Mung’aro and Deputy Governor Flora Chibule.
Justice Ann Ong’injo dismissed a petition challenging the election of Mr Mung’aro and Ms Chibule which had been filed by three residents of Kilifi.
She ruled that allegations of non-compliance to the Constitution and election law were not proved to the required standards.
“The court comes to the conclusion that the alleged non-compliance with the constitution and electoral law were not proved to the required standards to warrant invalidation of the election. The will of the people is upheld,” said Justice Ong’injo.
Justice Ong’injo awarded Mr Mung’aro, Ms Chibule, the Independent Electoral and Boundaries Commission (IEBC) and its county returning officer, the respondents, a total of Sh6 million as costs to the petition which will be paid by the petitioners.
She also ruled that the Sh500,000 deposited in court as security by Messrs Justin Ringa, Justin Charo and Salim Chai, the petitioners, be divided among the respondents.
The court dismissed allegations by the petitioners that there were cases of ballot stuffing noting that names of the presiding officers allegedly involved were not given out or the number of marked ballot papers.
“The petitioner’s witness was inconsistent, he cannot be used to find that there was illegality or malpractice, the allegations are not connected to the respondents.
On claims of over bribery involving IEBC officials and the governor or his agents, the court said that there was no witness who swore an affidavit or went to court to confirm the claims.
The court also noted Mr Mung’aro and Ms Chibule’s votes could not have been affected by a mere 400 votes alleged to have been garnered through bribery.
It also noted that a witness who claimed to have attended a meeting where people were allegedly bribed did not take photos or record the evidence neither report bribery cases to the police, Independent Policing Oversight Authority or the Ethics and Anti-Corruption Commission.
“The witness did not give names of people giving bribes or specify polling stations where bribery took place,” said Justice Ong’injo.
The judge also noted that allegations of undue and improper influence of voters by inflicting fear were not proved by the petitioners.
The court also dismissed allegations that some polling stations in Kilifi North which they claimed was a stronghold of Pamoja African Alliance (PAA) party were opened late, as there was no witness who testified to back the claims.
On allegations of public resources being used, Justice Ong’injo wondered whether the issuance of title deeds to the residents affected the outcome of the elections.
“The court cannot rely on the evidence of a witness that the outcome of the elections was materially affected,” said Justice Ong’injo.
During the hearing of the petition, the petitioners called 12 witnesses while the respondents called seven witnesses.
In January, the court had dismissed an application for an order of scrutiny and recount of votes.
Through lawyer Augustus Wafula, IEBC had told the court that none of the petitioner’s witnesses identified any specific polling station with irregularities to warrant an order for scrutiny.
