The High Court has upheld the election of Starehe MP Charles Njagua Kanyi, popularly known as Jaguar.
Justice Fred Ochieng on Monday ruled that the Jubilee MP was validly elected and ordered the petitioner, businessman Steve Mbogo of ODM, to pay Sh10 million in costs to the MP and the electoral commission.
In his decision, Justice Ochieng said Mbogo failed to show and give evidence of the forms that he had claimed were not signed.
The judge further said Mbogo failed to prove that there were discrepancies in the results announced by the IEBC.
The judge agreed with IEBC that transmission of results involved the use of KIEMs and failure to sign form 35A did not have any impact on the results because it was a “minor issue”.
He ruled that the August 8, 2017 election was free and fair, adding that Mr Mbogo did not prove all his claims of irregularities as per the guideline set out in the election laws and the Constitution.
“The election was conducted in accordance with the Constitution. The petitioner did not satisfying the legal burden of proof,” Justice Ochieng ruled.
The court also found that the petitioner did not show evidence of discrepancies in vote tallying and counting.
Mr Mbogo also failed to prove his claim that some voters who were not in the KIEMs kit were allowed to vote, according to the judge.
Judge Ochieng’ further dismissed allegations by Jaguar that he was assaulted by Mr Mbogo during the poll.
courtesy of Daily Nation