Friday, October 4, 2013

Court upholds Laikipia North MP election

Laikipia North MP Mathew Kideme Lempurkel celebrates after a petition challenging his election was dismissed. PHOTO/PAUL WAWERU
Laikipia North MP Mathew Kideme Lempurkel celebrates after a petition challenging his election was dismissed. PHOTO/PAUL WAWERU 
By MAUREEN KAKAH
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Laikipia North MP Mathew Kideme Lempurkel has retained his seat after a Nairobi court dismissed an election petition filed against him.

Mr Richard Leiyagu of The National Alliance had filed an appeal after the High Court in Nyeri struck out his petition.

“I am not satisfied that the irregularities complained of were so substantial as to have affected the election results,” Justice Alfred Mabeya sitting in Nairobi said while delivering his judgment.
Justice Mabeya said Mr Leiyagu had failed to prove the alleged irregularities and partisan conduct of Independent Electoral and Boundaries Commission officials.

Supporters of the ODM MP celebrated outside the court on Friday after the petition was dismissed.
The judge ordered the petitioner to pay Sh2.5 million as cost of suit. IEBC will get Sh1 million while the MP gets Sh1.5 million.

Mr Leiyagu and his lawyers did not attend part of the hearing of the case and efforts by his lawyer, Korir Samoei, to convince the judge that he was unaware of the hearing were dismissed.
IEBC lawyer Mr Stephen Kibunja, had requested that the petition be struck out.
The petition was dismissed by Judge James Wakiaga on June 11 for non-attendance.
Mr Leiyagu said that he was dissatisfied with the ruling and appealed.

“It will be in the interest of justice and the overriding objectives of this court that this appeal is heard urgently,” he claimed in his appeal.
Mr Leiyagu lost the polls to Mr Lempurkel after he garnered 4,438 votes against the winner 7,267 votes.

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