Reprieve for West Mugirango MP as petition challenging win dismissed

Reprieve for West Mugirango MP as petition challenging win dismissed

The High Court in Nyamira has dismissed an election petition, challenging the election of West Mugirango MP Steve Mogaka.

High Court Judge Kiarie Wa Kiarie struck out the petition, on grounds that the respondents were not served.

The Nyamira Law Courts have been a hive of activity with election losers having taken to the corridors of justice-seeking to nullify their opponent's win.

Mogaka was relieved after one of the petitions challenging his win was dismissed by High Court Judge Kiarie Wa Kiarie with costs amounting to Ksh. 3 million.

“The court has agreed with our version that this particular petition was never served, na imetupwa na gharama,” Dorcas Mwai, Mogaka’s lawyer said.

“Leo tumepata afueni kwa sababu mahakama imekubaliana na sisi kuwa kesi hii haina msingi.”

The case that was filed by a voter, Edwin Nyakundi Okong'o was dismissed on grounds that the respondent was not served.

Mogaka who was declared the winner for the West Mugirango parliamentary seat on a Jubilee ticket with 17,104 votes now awaits the verdict on a second petition filed by his opponent Rodgers Moturi who vied on an ODM ticket and came second with 16, 751 votes.

”What is remaining is one petition that we are taking directions on. That particular petition will proceed but we are also hopeful and shall demonstrate to the court that the same should not stand,” Mwai said.

Sam Nyaberi, Mogaka's second lawyer added: “The IEBC conducted its affairs in a fair and transparent manner and that is what we are agitating with the court that at the end of the day that mheshimiwa will not be disturbed but will get  his time to serve the people of Mugirango West.”

In the same court, Nyamira Woman Representative Jerusha Momanyi faced tough questions in the dock regarding an alleged disparity in the total number of votes cast for the women representative position compared to the gubernatorial and senatorial positions.

“If I put to you that the results you got are not the same with other positions, I can also put before this court that you overturned the results to the disadvantage of the petitioner...correct?” Nyagarama's lawyer questioned Jerusha. “No your honour,” she responded.

Momanyi took to the dock before High Court judge Kanye Kimondo to answer voter bribery allegations and that the petitioner Emily Nyagarama’s vote was deducted in a number of polling stations to enable Momanyi's win in the hotly contested race.

The petition now awaits judgment.

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