The Court of Appeal has upheld the poll victory of Laikipia Governor Ndiritu Muriithi saying he was validly elected.
The court said the appeal by Sammy Waity lacked merit and that there was nothing to make the court overturn the decision of the High Court.
Justices Asike Makhandia, Fatuma Sichale and Sankale ole Kantai said that Waity’s view that Muriithi should not have been cleared to contest the election having switched camps days to the election lacked basis.
They said the petitioner should have appealed against the decision or filed a judicial review but not raise the matter in an election court.
Waity however said that he will move to the Supreme Court to contest the decision. The court also observed that the main petitioner withdrew from the case and the High Court was right in rejecting the affidavits supporting the case.
Waity was also grateful that the costs slapped on him by the High Court were reduced from Sh12 million saying it was excessive and unreasonable.
The Court of Appeal capped the amount to Sh1.5 million each for the Governor, the Independent Electoral and Boundaries Commission (IEBC) and Returning Officer.
In another petition, the judges upheld the election of Mbeere South MP Geoffrey King’ang’i saying the petitioner Peter Kamau Nyutu failed to prove any of the allegations he made.
Nyutu claimed that the MP bribed voters, used witchcraft to bind voters before the elections and that his agents were denied access to the polling stations
The said none of the allegations were proved by Nyutu.
The judges further said the notice of appeal was not properly filed before the Appellate Court.
They added that the Returning Officer Consolata Muthoni satisfactorily explained cases where there were alterations because the forms were countersigned by the presiding officers.
MBEERE SOUTH
At the same, the appeals court on Tuesday upheld the election of Mbeere South MP Geofrey King’ang’i. The judges said the petitioner, Mr Peter Kamau Nyutu, failed to prove any of the allegations he made.
Mr Nyutu had claimed that the MP bribed voters, used witchcraft to bind voters before the elections and that his (the petitioner’s) agents were denied access to the polling stations.
But Justices Asike Makhandia, Fatuma Sichale and Sankale ole Kantai said none of the allegations were proved.
The judges further said the notice of appeal was not properly filed before the appellate court. They added that the returning officer, Ms Consolata Muthoni, satisfactorily explained cases where there were alterations in results. She said this happened because the forms were countersigned by the presiding officers.
Governor Awiti
Last week, The Appellate Court in Kisumu has upheld a High Court decision that nullified the election of Cyprian Awiti as Homa Bay Governor. The judges’ verdict was read out by Justice Fatuma Sichale who ruled that there was overwhelming evidence to show that the election was not free and fair.
“Is there evidence that the tallying process was flawed? The answers to these questions are contestations of primary facts and we have no jurisdiction to delve into these issues and interfere with the Trial court’s findings of fact,”she stated.
‘We hereby find that all grounds in memoranda of appeal inviting us to re evaluate the evidence on record and determine credibility of witnesses have no merit as they are outside the jurisdiction of this court.”
Former Kasipul MP Oyugi Magwanga had won a petition at the High Court against Awiti’s win, but he moved to the Appellate Court.