, KISII, Kenya, Feb 20 – Kisii High Court Judge Hellen Omondi has dismissed a petition challenging Kitutu Chache North MP Jimmy Angwenyi’s election with costs.
The petitioner will pay a total of Sh2 million in costs to the respondents being the Independent Electoral and Boundaries Commission and Angwenyi.
Angwenyi won in free, fair and transparent elections, the court found, with 16,131 votes against his rival Ogamba Migosi’s 6,786 votes.
The petition was filed by Robert Ndemo Mokaya, who wanted the court to nullify Angwenyi’s election on grounds that the August election was not free and fair.
Ndemo also wanted the court to order a recount of the votes and declare Ogamba Migosi, who came in second in the August 8 poll, winner. However, the application for a recount was not granted.
The petitioner also wanted Angwenyi barred from contesting elective office in future claiming he committed electoral offences.
The petitioner’s lawyer Edward Begi asked the judge to nullify the results on grounds that the Constituency Returning Officer admitted to erroneous entries on the statutory forms.
IEBC lawyer Daniel Achach appealed to the judge to dismiss the petition saying that none of the issues pleaded in the petition had been proved.
In his response to the allegations, Angwenyi defended the manner in which the election that resulted in his election was carried out.
He also denied inducing voters to cast their ballots in his favour and testified that the necessary statutory forms were signed-off on by party agents.