Why court upheld election of Eldas MP Adan Keynan
Eldas MP Adan Keynan.
The High Court has dismissed an election petition filed against Eldas MP Adan Keynan stating that the petitioner, Ahmed Boray Arale did not table enough evidence to cancel the outcome.
High Court judge Stephen Riechi said after considering all the evidence, it was his finding that the election was held in accordance with the election laws and any irregularities noted, did not affect the outcome.
Also Read: Vital lessons from 12 longest serving MPs
Mr Boray had claimed that violence affected the election but Justice Riechi ruled that the incidents were adequately contained and did not affect the voting or the results of the election.
“After evaluating the petition, the responses, the evidence and submissions, I am satisfied that the election of Member of National Assembly held on August 10, 2022, in Eldas constituency was conducted substantially in accordance with the principles of the constitution and the elections law. Any irregularities noted did not affect the outcome of the elections,” the judge said.
The judge said the petitioner did not prove the claim of swamping of votes in Masalale Mobile 2 of 3 and Wardade polling station.
“On the issue of variance between the number of registered voters and votes cast where the votes cast were more than the registered voters in five polling stations, I find this not true and any discrepancies have been adequately explained,” the judge said.
He also dismissed claims that no elections were held in Orote and Dela Yarey polling stations.
“Even if I were to find that the IEBC results in Dela Yarey were not genuine (which I do not) and the 10 votes given to the petitioner and 251 given to the 5th respondent (Keynan) removed from the final tally, the 5th respondent would still be the one leading and the winner,” the judge said
The campaigns in Eldas were marred by violence and the Independent Electoral and Boundaries Commission (IEBC) was forced to postpone the elections in the constituency to August 10 but it was still marred by violence in some areas.
The judge further ordered the petitioner to pay Sh2 million as costs to Mr Keynan and the IEBC.
Mr Keynan becomes the only MP from northern Kenya to be re-elected for a fifth term, making him the longest-serving legislator in Parliament after the defeat of Kitutu Chache MP Jimmy Angwenyi.
