, NAIROBI, Kenya, Jan 16 – The High Court has upheld the election of the Orange Democratic Movement’s TJ Kajwang, as the Member of Parliament for Ruaraka.
While dismissing the petition lodged by his competitor in the August election Elizabeth Ongoro, Justice Richard Mwongo found no evidence of the massive irregularities cited by the former Senator.
While expressing dismay at the verdict, Ongoro said she would accept it and focus her energies on her family and business.
“I’m shocked the court has dismissed every piece of evidence we put across,” she told reporters on delivery of the verdict. “I will rethink my political standing going forward.”
Ongoro sought the nullification of Kajwang’s election over claims of violence, intimidation, voter bribery and collision with IEBC officials.
She testified that most of her supporters who were female did not turn up to vote as they were threatened with “being raped without a condom.”
The politician also claimed that some of the ballot papers were burnt somewhere in Lucy Summer.
Justice Mwongo however found the evidence she submitted inconsistent and not credible.
“The court finds the petitioner’s testimony inconsistent and not credible as she was not able to demonstrate where the incidents she claims of occurred,” ruled Justice Mwongo.
According to the judge, the complaints raised by Ongoro concerning the parliamentary election did not affect the will of the people of Ruaraka constituency.
Ongoro will now pay each of the lawyers who appeared on behalf of Kajwang’ and the polls body Sh1.5 million.
On his part, Kajwang implored the election court to uphold his victory insisting that he defeated his opponent in a fair, credible and verifiable election.
Ongoro had also challenged Kajwang’s nomination by ODM for the seat before leaving the party for the Amani National Congress.
ODM fined Ongoro whom it had nominated to the Senate in the last electoral cycle, for disruptively leading her supporters to the party headquarters to protest TJ’s nomination – after party security was forced to fire in the air to disperse them after they aggressively confronted the Executive Director, Oduor Ong’wen.
Kajwang was declared winner of the hotly contested parliamentary seat after garnering 32,190 votes against Ongoro’s 28,127.