Courts on course to finalise poll petitions

October 1, 2013 1:54 pm
The Milimani Law Courts in Nairobi is one of the venues where petitions were heard. Photo/ FILE
The Milimani Law Courts in Nairobi is one of the venues where petitions were heard. Photo/ FILE

, NAIROBI, Kenya, Oct 1 – The Judiciary on Tuesday announced that it had heard 187 of the 188 election petitions that had been filed following the March 4 General Election.

One case was appealed and reinstated before the High Court.

The Judiciary’s Director of Public Affairs and Communications Naim Bilal said “a total of 17 petitioners withdrew their cases while 31 cases were rejected as they lacked sufficient evidence to be upheld.”

“There were 24 petitions challenging the election of Governors; 13 against Senators; 70 against Members of the National Assembly; nine against County Women Representatives; 67 against County Assembly Representatives and five against County Assembly Speakers, making a total of 188 election petitions,” he added.

In a statement to newsrooms, Bilal added that more than 90 judges have finalised petitions relating to the Governors, Senators, Members of the National Assembly, County Women Representatives and County Assembly Speakers in all 47 counties.

He further explained that some cases are pending judgment assuring that the verdicts are scheduled to be made by October 7.

“Election cases whose judgments are still pending include one filed against the election of the Taita Taveta Governor, John Mruttu, and another against Kisii County Woman representative Mary Keraa.”

“A further 11 cases are pending judgement and they include, Members of the National Assembly in Mandera North, Shinyalu, Luanda, Matungu, Balambala, Saboti, Embakasi East, Laikipia North, Nyaribari Chache, and Bomachoge/Borabu constituencies,” read the statement.

Hearing and judgement of the cases is required under Section 75 of the Elections Act to be delivered within six months of being filed.

The latest decision is the blow that the CORD coalition suffered on Monday after the High Court nullified the election of one of its co-principals, Moses Wetang’ula, as Bungoma Senator following a petition filed by former legislator Musikari Kombo.

In nullifying the election, Justice Francis Gikonyo ruled that there was overwhelming evidence to prove that Wetang’ula was irregularly elected during the March 4 polls.

He noted that there were numerous instances of voter bribery, double registration, interference of the vote tally and double voting.

CORD luminaries led by former Prime Minister Raila Odinga were in court when the verdict was made and said they disagreed with the decision.

Wetang’ula became the first Senator to be axed in an election petition after Lamu’s Abu Chiaba and Kwale’s Juma Boy survived cases against them.


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