Court dismisses election petition against Nyatike MP


Court

The High Court in Homa bay has dismissed an election petition filed against Nyatike MP Tom Odege.

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Judge Joseph Karanja ruled Odege was validly elected in August 2017.

The petitioner Fredrick Odiso had filed the petition seeking the nullification of Odege’s win claiming there were massive irregularities and affected the integrity of the results that were used to declare Odege as validly elected.

The High Court sitting in Homabay has however dismissed the petition as lacking merit, a decision that will now be a relief on the former Trade Unionist.

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On December 12th 2017, the Judge ordered for recount of votes from 53 polling stations in Nyatike constituency with regards to the petition. The vote recount results revealed that Odege had 10,222 against Ogenga’s 9,923, creating a difference of 299 votes.

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The Judge stated that the petitioner failed to prove that the errors and irregularities he noticed were enough to affect the final results.

Justice Karanja dismissed the petition and ordered each party to bear their own costs. In the August election, Odege was declared winner with 26, 872 against Ogenga’s 22, 815 votes.

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On Tuesday, the High Court dismissed a petition challenging the election of Mike Mbuvi Sonko as Nairobi Governor.

Judge Msagha Mbogholi issued the ruling after the petitioners; Japheth Muroko and Zachaeus Okoth Oliech, made an application on Tuesday for leave to withdraw the election petition whose hearing was scheduled for January 8th to January 12, 2018.

The petitioners cited security reasons, free will and own volition as grounds for the withdrawal of the petition.

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In the ruling, Justice Msagha Mbogholi directed the two petitioners to pay Sonko and IEBC a total of Ksh 5 million as the cost of the suit.

Mbogholi noted the ruling was “drastic” but said he had no option because the two petitioners told the court they were no longer interested in pursuing the case.

On December 7, 2017 the High Court dismissed an application by the electoral commission to dismiss the petition against Governor Sonko.

 

 

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