Court dismisses petition against Funyula MP Paul Otuoma

, 2013

Funyula MP Paul Otuoma follows proceedings during the ruling of a petition challenging his election at the Busia High Court on September 26, 2013. PHOTO/LINET WAFULA  

In Summary

• The petitioner will pay Sh4 million as cost of the suit
• In the poll Dr Otuoma garnered over 12,000 votes
• Minor errors committed by IEBC officials in handling of form 35 were not enough to warrant invalidation of the results

BY LINET WAFULA

High Court in Busia upheld the election of Funyula MP Dr Paul Otuoma after dismissing a petition filed by a voter.

In a ruling, Busia High Court judge Francis Tuiyott also directed the petitioner, Mr John Nagafwa Okello, to pay Sh4million as cost of the suit to the respondents.

Mr Nagafwa had alleged the MPs election was marred with irregularities and was not free and fair.

He claimed that there was bribery, violence, use of public resources (Constituency Development Fund), alteration of figures on the form 35.

But Mr Otuoma dismissed the claims hearsay and was supported by the Independent Electoral and Boundaries Commission (IEBC) and Funyula returning officer Mr Samson Ojiem.

In the poll Dr Otuoma garnered over 12,000 votes against his closest challenger who got less than 3000 voters.

But Mr Justice Tuiyott, while dismissing the petition, cited insufficient evidence to warrant invalidation of the MP’s election.

The Judge also cited some cases of witness who were coached to testify after three witnesses gave a carbon copy of statements regarding allegation of corruption.

He said minor errors committed by the electoral body’s officials in handling of form 35 were not enough to warrant invalidation of the results.

“The court finds that the election for Funyula parliamentary seat was free and fair and complied with principles laid down in the election and written law relating to the election,” said Justice Tuiyott.