A petitioner challenging the election of Malava MP Maulu Injendi has withdrawn his case and has subsequently been slapped with a Sh 2 million fine in cost of litigation..
The petitioner, Ms Gilphine Omwenga, who is also the wife of FORD candidate Mr Burudi Manyasi who had contested and lost the parliamentary seat, voluntarily withdrew the case after the court struck out evidence contained in her affidavits.
Justice Janet Mulwa ruled that the petitioner had illegally obtained access to polling stations and tallying centers in the constituency, a conduct she observed bordered on an election offence under provisions of the election offences act, 2016.
“For the record, the petitioner is a trained lawyer and therefore expected to be knowledgeable in legal issues and provisions of the law including electoral laws and offences,” judge Mulwa said in her ruling.
The judge further ordered the petitioner to pay Sh 2 million in costs of litigation to the IEBC and the returning officer, me Isaac Rutto.
2017 Election Petitions
The August 2017 general elections have been characterized by a myriad of petitions challenging the election of current candidates who were declared winners by the IEBC in tkaruaheir respective seats.
As at January 12, 2018, there have been 10 dismissed petitions for governor, senator (3), woman representative (7), MP (17), MCA (51).
24 petitions on governors are pending in court, senators (12), woman rep (5), MP (81), MCA (86).
Machakos governor Alfred Mutua, Mike Sonko (Nairobi), Anne Waiguru (Kirinyaga), Prof Anyang’ Nyong’o ( Kisumu), Zacharia Okoth Obado (Migori).
The Kisumu High Court on third January dismissed a petition by former governor Jack Ranguma challenging the election of Governor Peter Anyang’ Nyong’o, citing lack of evidence.
Martha Karua has also moved to the court of appeal after a high court judge threw out her petition against the election of Anne Waiguru.
Last week, Wajir governor Mohamed Abdi became the first governor to have his election nullified following a petition by former governor Ahmed Abdullahi.
Abdi’s election has been nullified on grounds of irregularities
Nasa had also moved to the supreme court following the August poll to petition the election of Uhuru Kenyatta, which subsequently led the historic nullification of Uhuru’s victory.