Kitutu Masaba poll win upheld, petitioner to pay Sh5mn costs

February 22, 2018 12:35 pm
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Justice Aaron Mutua ordered the petitioner to pay Sh2.5m to the Independent Electoral and Boundaries Commission and Sh2.5m to Mose/FILE

, NYAMIRA, Kenya, Feb 22 – The High Court in Nyamira has upheld the election of Kitutu Masaba MP Shadrack Mose.

Justice Aaron Mutua ordered the petitioner to pay Sh2.5m to the Independent Electoral and Boundaries Commission and Sh2.5m to Mose.

Justus Omiti, a voter, petitioned the victory of Jubilee’s Mose.

The judge ruled that the petitioner didn’t specify which polling stations had illegalities or produced any evidence to support the allegations.

On transposition of results, the judge noted that in case there were errors, they were minimal and could not lead to the nullification of the election.

He further said that the petitioner’s witness Dr Noah Akala was not a voter nor was he present during the exercise in 187 polling stations.

He further disproved allegations by the petitioner that the total number of votes cast were higher than the registered numbers of voters.

“I hereby note that Mose was duly and the exercise was conducted according to the Constitution and Elections Act.

The petitioner stated that in 34 out of 187 polling stations there was no data entry and in 107 polling stations there were mismatch of the information.

During the cross-examination Kitutu Masaba Constituency Returning Officer Robert Lang’at admitted that there was transposition errors during the August 8 election but that was not a fair ground for the nullification of election poll.

The witness said that voters from the neighbouring counties Kisii and Migori participated in the election.

Mose (Jubilee) garnered 33,386 against Timothy Bosire (ODM) who emerged the second with 19,262 in the August 2017 poll.

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