Saturday, September 28, 2013

Six retain jobs after petitions dismissed



PHOTO | LABAN WALLOGA | FILE Mombasa County Governor Ali Hassan . The election of Mombasa Governor Hassan Joho was upheld by the High Court in Mombasa.  NATION MEDIA GROUP

In Summary
Lady Justice Jessie Lessit, sitting in Meru, dismissed the petitions filed by poll losers Petkay Miriti and Mercy Kirito against Mr Ragwa and Ms Nkatha respectively. She ordered the petitioners to pay the cost of the suits.

Six politicians Friday retained their seats after petitions challenging their election were dismissed.

The election of Mombasa Governor Hassan Joho was upheld by the High Court in Mombasa.

While throwing the petition against Mr Joho, Mr Justice Fred Ochieng’ said though not perfect, the elections were credible and were conducted in a free and fair manner.

He declared the governor validly elected, saying the petitioner, Mr Suleiman Shahbal, failed to satisfy the court that there were irregularities and malpractices during the March 4 poll.

At the same time, Kwale Senator Boy Juma Boy also retained his seat after the High Court in Mombasa dismissed an election petition filed against him.

Mr Justice Ochieng’ said the petitioners failed to produce sufficient evidence to invalidate the electoral process.

Mr Mwamlole Mbwana and Mr Kalimbo Naveed had also filed the petition against IEBC, claiming that its officials had altered some forms 35 and 36 which were filled by various agents appointed by the contestants.

Meanwhile, it was also joy for Tharaka Nithi Governor Samuel Ragwa and Women Representative Beatrice Nkatha after the High Court upheld their election.

Lady Justice Jessie Lessit, sitting in Meru, dismissed the petitions filed by poll losers Petkay Miriti and Mercy Kirito against Mr Ragwa and Ms Nkatha respectively. She ordered the petitioners to pay the cost of the suits.

The judge ruled that the election of the Tharaka Nithi governor was conducted in a free, fair, transparent and credible manner.

“I find that the petitioner failed to provide sufficient grounds to overturn Mr Ragwa’s victory,” she said in her ruling.

In Busia, the High Court also dismissed a petition challenging the election of Funyula MP Paul Otuoma.

Resident judge Francis Tuiyott also ordered the petitioner to pay, at most, Sh4 million as costs of the suit.

The petitioner, voter John Nagafwa Okello, who was represented by lawyers Alex Masika and Fred Oundo, had claimed that the election was not free and fair as it was marred by irregularities.

Elsewhere, Makadara MP Benson Kangara also retained his seat after a petition challenging his election was dismissed.

Mr Kangara was forced to take cover from angry supporters of former Nairobi mayor George Aladwa who wanted to vent their anger on the MP as he addressed journalists outside the Milimani Law Courts.

Mr Justice Richard Mwongo had thrown out a petition challenging the MP’s victory.

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