10 election petitions dismissed so far

Kirinyaga Senator Charles Kibiru gestures outside the county assembly during its official opening ceremony on September 20, 2017. A petition challenging his victory has been dismissed. PHOTO | JOSEPH KANYI | NATION MEDIA GROUP

Two election petitions were thrown out last week, bringing the number of those dismissed to 10.

In Kerugoya, Justice Abigail Mshila dismissed a petition filed against Kirinyaga Senator Charles Kibiru.

Justice Mshila argued that the petitioner – James Kirimi Karubiu – failed to adhere to the guidelines of filing a petition, and was thus ordered to pay costs of Sh300,000.

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Independent Electoral and Boundaries Commission (IEBC) lawyer, Mr Charles Mwongela, successfully argued that the petition was disguised as a constitutional petition to avoid the strict timeliness and rules governing such matters.

Mr Karubiu had complained about nominations, tallying and declaration of the results.

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Yet it was not clear what he wanted from the court.


He did not include the name of the winner and the electoral body in the case, and did not take any steps to correct the anomalies.

“The petitioner has failed to take steps to ensure that the petition filed is in compliance with the law and such an omission renders the petition as being fatally defective,” Justice Mshila said.

In Nairobi, Justice Olga Sewe dismissed the petition challenging the election of Embakasi West MP George Theuri.

The case was dismissed because lawyer Tom Agimba failed to deposit security cost of Sh500,000 in court.

Although Mr Agimba had asked for more time to deposit the money, the Judge Sewe said his reasons were not plausible.

The fee is mandatory and should be deposited 10 days after filing the petition.

Mr Agimba told the court that he thought one of his clients had deposited the amount in court only to learn later that that was not so.

He then asked for more time.


The judge said Mr Agimba should have been aware of the requirements because he is a lawyer.

Mr Agimba said the election was not conducted in accordance with the law and the Constitution.

And was seeking a declaration that Mr Theuri was not validly elected.

He argued that the data entered into the electronic kits was not consistent with the information and data filed in Forms 35A.


He further said that the data displayed publicly by the IEBC at its National Tallying Centre was not consistent with the information and data in the Forms 35A.

Mr Agimba claims that the nature and extent of inaccuracies and inconsistencies in the tabulations was not clerical but a deliberate and calculated move to rig the results in favour of Mr Theuri.

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