Lawyers in the Homa Bay Governor Supreme court appeal are yet to be served with the ruling notice by the court Registrar, Humphrey Obach, one of the lawyers representing former Kasipul MP Oyugi Magwanga has said.
Governor Cyprian Awiti appealed at the Apex court the lower courts rulings which nullified his August 2017 re election citing illegalities and irregularities.
“We are yet to receive any notice concerning the eagerly awaited Supreme court ruling concerning our case, we will issue correct information when the right time comes,” Obach told the Star on phone.
There have been speculations about the expected ruling after one of the dailies reported that it will be delivered today.
There is already rising tension in Homa Bay and its environs as supporters of both Awiti and Magwanga awaits the land mark ruling.
“I want to urge the people of Homa Bay to be calm, stay in peace and avoid speculations as we wait for the outcome of the Apex court ruling, we will give the right information at the correct time,” said Obach
Awiti and his supporters have their fingers crossed as they await the decision of the apex court; whether they will go back to the ballot box or Awiti will retain his seat.
The expected judgment is set to be made as a lobby group under the Homa Bay Bunge La Wenye Nchi umbrella wants the county government dissolved and a fresh election held.
According to lobby Speaker Walter Opiyo, over 30,000 signatures have been collected for a petition to have the county dissolved and the President Uhuru Kenyatta to appoint an independent agency to run the county in an interim basis.
They are accusing the Awiti’s administration of failed leadership, embezzlement of Public funds, corruption that is hurting many sectors of the economy.
Meanwhile Justice for Mercy (JAM),an NGO Director Kenneth Okoth has urged the Homa Bay residents to remain united despite the outcome of the ruling.
He said both the Awiti and Magwanga supporters not to engage in any kind of violence after the ruling saying life must continue.
Already, the organization together with the Provincial Administration, church leaders and youth leadership are running a peace campaigns throughout the County to prepare the residents for the expected ruling.
“The ruling must go either way, if it favors Awiti, Magwanga supporters might feel disappointed likewise if it favors Magwanga,his supporters will celebrate leaving their counterparts disappointed,” he said.
He added, “We must remain united and continue with our daily activities after the ruling,”
He at the same time urged the two leaders to support to their supporters to maintain peace as they wait for the outcome of the appeal.
In February last year, the Homabay High court nullified the election of Awiti saying the elections were not free and fair.
Following this, Awiti filed an appeal to contest the high court decision at the appellant court in Kisumu.
Through his lawyers Tom Ojienda, Otiende Amollo and James Orengo, the governor had dismissed the judgment, saying the trial court disregarded his evidence including that of the court’s deputy registrar.
He claimed that the High Court judgment demonstrated bias and made contradictory statements in his decision which had fundamental errors.
Ojienda noted that the judge relied on a report by Magwanga’s advocate that results were altered to dismiss the case and ignored a scrutiny report done by the deputy registrar at the High Court in Homa Bay.
While giving their judgments, the appellants Judges, Justices Phillip Waki, Sichale and Otieno Odek, ruled that there was overwhelming evidence to show that the elections were not free and fair.
Awiti later moved to the Supreme Court where he faulted the appellate court for declining to consider the outcome of a scrutiny report and recount of votes that affirmed his election.
Through his lawyers Ojienda and Otiende Omollo, Awiti told the Supreme Court that the scrutiny exercise reinforced his win but Court of appeal Judge Justice Joseph Karanja deliberately refused to consider crucial evidence that proves allegations raised by his opponent were false.
“Where people have exercised their will and a clarification is done by recount and then a Judge makes a mistake by not taking into account that recount, then it becomes a fundamental sabotage of the will of the people,” said Ojienda.