Burden of proof not considered in High court ruling, pleads former Governor

The Court of Appeal sitting in Kisumu is set to make a determination by mid next month in a case challenging the election of Kisumu Governor, Peter Anyang’ Nyong’o.

The appeal lodged by former Kisumu Governor, Jack Ranguma came up on Monday when parties involved presented their submissions.

Justices Philip Waki, Fatuma Sichale and Odek Otieno will give their ruling on June14, after analysing evidences presented before them by all the parties involved in the petition

In his submission, Ranguma claimed that the High Court upheld Prof. Nyong’o’s victory without legitimacy by raising standards of proof beyond intermediary levels.

Yesterday, the court met under constrained circumstances after parties had failed to file all submission forms in time causing the hearing to be adjourned twice in the morning kicking off later in the afternoon.

This was due to Ranguma failing to put forward all his submission forms thus deterring the respondents from having all documents for the petition.

In his defense, Ranguma’s advocate, Richard Onsongo said the delay was because they were avoiding voluminous records.

Ranguma said the court had raised standard of proof beyond intermediary standards as crucial witnesses were withdrawn from the case during appeal for scrutiny of votes.

Onsongo requested the court to re-evaluate their evidence noting that the High Court had disregarded their evidence by failing to cross examine crucial witnesses who were imperative to allow for scrutiny of votes and other claims.

The IEBC lawyer, Edwin Mukele told the three judge bench hearing the case that most grounds that the petition was founded on were blanket claims with no basis of factual evidence.

The petitioner is just insisting that there was violence, bribery among other discrepancies but does not disclose the persons and places involved in procuring their evidence, stated Mukele.

Mukele maintained that the appeal was incapacitated, citing that most issues were ambiguous and that some critical high court rulings were not pleaded therefore diminishing the appeal.

James Orengo, Governor Nyong’o defense lawyer said Ranguma had attempted to create an alternative reality as he failed to provide statutory documents to back his allegations thus the petition was invalidated in the high court.

Orengo questioned the credibility of the Data/ICT expert that the petitioner claimed to have used to access information from IEBC servers to purport claims that election was rigged in favour of the incumbent governor.

They were ordered to make a statement on the case on June 14, 2018.

Source: Kenya News Agency