Appeals court nullifies election of Kilgoris MP

The Court of Appeal has nullified the election of Kilgoris Member of Parliament Gideon Konchella.

The development coming following a successful petition by Julius Sunkuli who claimed that the election was not credible as it was marred by massive election malpractices and ballot paper stuffing.

The same court however upheld the election of Ndiritu Muriithi as Laikipia governor on grounds that the appeal lacked merit to warrant the reversal of the high court decision which validated his win.

Konchella has lost his seat after the court of appeal judges invalidated his election on grounds that the election was not conducted in conformity with the constitution.

In the appeal former cabinet minister Julius Sunkuli had argued that the election was marred with irregularities as the constituency returning officer, IEBC staff and police officers conspired and manipulated the results to favour Konchella.

And Ndiritu Muriithi will continue serving as Laikipia governor after a three judge bench at the appellate court confirmed the position taken by the high court that he was validly elected in the August 8th 2017 general election.

In a ruling delivered by justice Sankale Ole Kantai the court dismissed claims that Muriithi who shifted from Jubilee Party days to the election should not have been cleared by the electoral body IEBC to participate in the election.

According to the appellate judges, the High Court acted within the law in dismissing the petition since nomination concerns raised by the petitioner was not within its jurisdiction.

However, it was a reprieve for the petitioner Sammy Ndung’u as the judges reduced the cost of the petition from 12 million shillings set by the high court to 4.5 million shillings saying the amount was excessive and unreasonable. Meanwhile the hearing of an appeal challenging the election of Ann Waiguru as Kirinyaga governor will now be heard in Nairobi by Judges Roselyn Nambuye, Hannah Okwengu and Gatembu Kairu.

The new judge bench will kick of the hearing of the appeal with an application by Nark Kenya leader Martha Karua seeking to produce additional evidence.

The application will however be heard separately on 13th August after lawyers representing Waiguru and IEBC claimed the application would alter the appeal.

 

  

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