Two members of Trans Nzoia county assembly have been relieved after a Kitale court struck out a petition filed for the nullification of their win.
In the first case, Ford Kenya’s Sammy Buyela had petitioned to nullify the win of Jubilee’s candidate Elkana Kagunda for Kaplamai ward Cherangany constituency.
In his petition, Buyela cited that his closest competitor had influenced voters thus making the whole process unfair.
In the August polls, Kagunda garnered 2959 votes against Buyela who garnered 2617 votes.
In her ruling, principal Magistrate Mary Moranga said that the case is struck out for lack of evidence.
He ordered for the Petitioner to pay Kagunda an instruction fees of Ksh300 000.
Speaking to the press Tuesday, Kagunda said that he is happy the petition has been struck out and said that it is now time to serve his people.
I am ready to work with my friend Buyela to see that our people’s lives are improved, he said.
He said in his service delivery, he will prioritise the construction of more ECD classes and will ensure his people get clean water at their homes.
In the second case, Lusweti Furaha Ford Kenya’s candidate for Waitaluk ward Kiminini constituency had petitioned the nullification of Jubilee’s Simon Nyongesa Makhanu’ s win.
Through his lawyer Dennis Wanyama who later withdrew from the case, he claimed that the election process were not free and fair.
He also cited that, his agents at various polling stations were denied copies of forms 36A and were struck out on various polling stations.
The IEBC conducted the elections so badly to benefit my competitor, read the argument.
Lusweti Furaha, the petitioner was represented by lawyer Dennis Wanyama, but he later applied to cease being the lawyer for Lusweti citing that his life was in danger.
Lusweti later appointed Ambutsi and co advocates to take over his case.
The first and second respondents, who were the IEBC and returning officer Onditi Kennedy, were represented by Jk Kaptich and Associates. While the 3rd respondent Simon Nyongesa Makhanu was represented by lawyer Peter Kiarie.
Makhanu through his lawyer had on September 6, 2017 filled an application to have the petition withdrawn on grounds that the Petitioner did not serve him the petition and its accompanying documents.
The court noted that the Petitioner was not serious with the petition.
In her ruling, senior resident magistrate Dorcas Wangeci ordered the petition be struck out for lack of evidence.
She ruled out that the 1st and 2nd respondents be awarded Sh300 000 as instruction fees for the petition.
She also said a certificate of the determination in accordance with section 86(1) of the elections 2011 shall be issued to the IEBC and to the speaker Trans Nzoia county assembly.
Source: Kenya News Agency