Poll petitioners face tough burden of proof
North Imenti MP Rahim Dawood (right) and his supporters celebrate in Meru Town on January 25, 2018 after a petition challenging his election win was dismissed by Justice Francis Gikonyo. More than 60 MPs of the 98 legislators whose elections were challenged have so far survived. PHOTO | PHOEBE OKALL | NATION MEDIA GROUP
What you need to know:
- In Meru, Justice Francis Gikonyo dismissed a petition against Isiolo South MP Abdi Koropu Tepo.
- The judgments for the coming petitions include a case challenging the election of Busia Governor Sospeter Ojaamong.
More cases fell by the wayside this week as judges cleared two governors and five MPs whose August 8 elections had been challenged.
Kajiado Governor Joseph ole Lenku and his Tana River counterpart Dhadho Godana survived the election scare as judges dismissed petitions challenging their victory.
In Malindi, Justice Asenath Ongeri, while sitting in Malindi, said the petition against Mr Godana lacked merit.
His predecessor, Mr Hussein Dado, challenged Mr Godana’s win claiming that the election was marred by violence.
He said three people were killed during the poll, compromising the outcome.
VIOLENCE
But Justice Ongeri said Mr Dado failed to provide sufficient evidence on the claims adding that they were mere hearsay.
“In order to sustain claim that violence disrupted the election, he was required to establish that the respondent were either responsible for the violence or connived in the perpetration of violence,” the judge ruled.
In Kajiado, the court dismissed the case filed by former Olkejuado County Council Chairman Taraiya ole Kores and Benjamin Tipatet.
The two claimed that the election failed the verifiability test as some statutory forms had not been filled or signed by presiding officers and their deputies.
IRREGULARITIES
However, Justice John Onyiengo dismissed the cases stating that the two petitioners failed to prove any of the allegations, including that votes were inflated in favour of Governor Lenku.
In Kitui, Justice Lilian Mutende dismissed a petition filed challenging the election of Kitui South MP Rachael Nyamai.
The petition had been filed by Kennedy Moki.
In Kisumu, the court dismissed an election petition against Woman Rep Rosa Buyu
Lady Justice Thripsisa Wanjiku Cherere dismissed the petition saying that although Grace Akumu succeeded in establishing that there were some irregularities committed in the election, the irregularities did not in the least affect the true reflection of the will of the people of Kisumu County.
DAWOOD WINS
In Meru, Justice Francis Gikonyo dismissed a petition against Isiolo South MP Abdi Koropu Tepo.
“Despite the few minor irregularities and errors I have specifically stated in this judgment, the overall impression on the manner in which the elections were conducted is that, the election for Member of the National Assembly Elections for Isiolo South Constituency held on August 8, 2017 was conducted substantially in accordance with the principles laid down in the Constitution and the law relating to elections,” Justice Gikonyo said.
The court also dismissed a petition challenging the election of North Imenti Rahim Dawood.
The judgments for the coming petitions include a case challenging the election of Busia Governor Sospeter Ojaamong, which comes up on February 12, a petition against Nyamira Governor John Nyagarama, which comes on February 28, while parties will make final submissions in a petition challenging the win of Kisii Governor James Ongwae on January 29.
OTHER PETITIONS
Other judgements are petitions challenging of Garissa Town MP Aden Duale (February 28), Paul Ongili alias Babu Owino (February 5), Mandera Governor Ali Roba (February 28) and Siaya Governor Cornel Rasanga in a petition filed by former Rarieda MP Nicholas Gumbo, which comes on February 26.
A petition by former Gem MP Jakoyo Midiwo who wants the court nullify the election of incumbent Elisha Odhiambo also comes up on the same day.
In Mombasa, former Senator Hassan Omar made an application to withdraw from the petition he had filed against Governor Ali Hassan Joho.
CASES DISMISSED
More than 60 MPs of the 98 legislators whose elections were challenged have so far survived, while 13 governors can now breathe easy, after cases against them were dismissed.
So far, only Wajir Governor Mohamed Abdi has lost his seat through an election petition.
But Mr Abdi got an automatic 30 day-reprieve after filing a notice to appeal against the decision.
Mr Abdi’s election was nullified by Justice Alfred Mabeya who said that the poll was marred by irregularities and Mr Abdi failed to prove that he holds a degree as he alleges.
