Court dismisses petition against Saboti MP David Wafula

Saboti MP David Wafula addresses his supporters in Kitale after the High Court upheld his election. PHOTO/PHILIP BWAYO 

In Summary

• No election malpractices were proved by the petitioners
• Petitioners claimed that a recount of votes ordered by the court exposed discrepancies

By PHILIP BWAYO
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The High Court in Kitale on Thursday upheld the election of Mr David Wafula as Saboti MP.

Lady Justice Abigail Mshila dismissed the case saying no election malpractices were proved by the petitioners.

Petitioners Jonas Kuko and Asthman Omar wanted the MP’s election nullified, citing irregularities in the March 4 poll.

The petitioners urged the court to give the Saboti electorate a chance to take part in a fresh election, accusing the IEBC of allowing malpractices that worked in Mr Wafula’s favour.

“It is our prayer that the people of Saboti are given a chance to elect their MP in a free and fair exercise since results from the vote recount have proved that there were some discrepancies,” said lawyer Peter Kiarie for Mr Kuko.

The petitioners claimed that a recount of votes ordered by the court exposed discrepancies that tainted the credibility of the election.

However, lawyer Andrew Wandabwa for the MP and Mr Zaphania Yego who represented the Independent Electoral and Boundaries Commission said evidence tabled in court did not meet the threshold for nullifying an election.

They dismissed the petitioners’ calls for a by-election, arguing that the recount actually proved that Mr Wafula’s victory was valid.