Judiciary dismisses high profile petitions as Uhuru hearings continue

Kirinyaga Governor Anne Waiguru, deputy Governor Peter Ndambiri and majority leader Kamau Murango on November 15,2017./FILE
Kirinyaga Governor Anne Waiguru, deputy Governor Peter Ndambiri and majority leader Kamau Murango on November 15,2017./FILE

At least eight high profile petitions on the August election have been dismissed as the Supreme Court continues hearing cases against Uhuru Kenyatta's victory.

Among them was Narc Kenya leader Martha Karua's case against Kirinyaga Governor Anne Waiguru. Kerugoya High Court judge Lucy Gitari threw out the case on Wednesday saying it was "hopeless, defective and incurable".

Karua said she will turn to the Court of Appeal.

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In the same county, the petition by

former Senator Daniel Karaba (Jubilee Party) was dismissed last week.

Karaba, who opposed

Charles Kibiru 's win, had accused

IEBC of disenfranchising him during the general election.

In Nairobi on Thursday, former Governor Evans Kidero lost his bid to be joined to the petition against Mike Sonko's victory.

Judge Msagha Mbogholi said Kidero's application was misconceived and lacked merit.

Two voters, Japheth Muroko and Zachaeus Okoth, moved to court to challenge the results.

Sonko had opposed the application, and on Thursday posted a prayer on Facebook seeking divine intervention ahead of the decision.

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Court sessions and security deposits

Former Kenyan ambassador to Tanzania Chirau Mwakwere also suffered a major blow today in his case against Kwale Governor Salim Mvurya.

Justice Mugure Thande said the petition was defective, incurable and could not hold ground.

The petition was filed by voter Mbwana Mwamlole and Mwakwere will now pay the cost of Sh2.5 million.

The case challenging Vihiga MP Ernest Kivai's was thrown out by justice David Majanja over petitioner Emily Nyabuto's non-attendance.

Nyabuto skipped all sessions, including the pre-trial hearing, making the respondents IEBC and Kivai say she lacked seriousness.

The suit against the election of Kilifi woman representative Gertrude Mwanyanje has also been dismissed and the petitioner ordered to pay Sh2 million.

Judge Asenath Ongeri, sitting in Malindi, said petitioner Aziz Mohammed filed the matter beyond the stipulated time and that

two petitions with the same date were attached on it.

The petitioner will pay the county returning officer Sh1 million and the woman MP another Sh1 million.

Last week, the High Court dropped the

petition against Embakasi West MP George Theuri over the respondent's failure to deposit security costs in court.

Justice Olga Sewe ruled that petitioner Tom Agimba did not pay security and did not give justifiable cause to be granted more time to do so.

In Kakamega, the High Court

struck out a petition challenging the election of Mumias East MP Benjamin Washiali on grounds that the affidavits were forged.

While delivering the ruling, Justice Jesse Njagi said David Wamatsi’s petition cannot stand without support of affidavits as required by the law.

Former Kajiado Governor David Nkedianye decided to withdraw his petition against Joseph Lenku and defected to Jubilee Party, hoping the President will assign him a job.

Costs of petitions

The judiciary said anyone challenging the election of a president will deposit Sh1 million as security and a further Sh500,000 - non-refundable - as the fee for filing the case.

After the petition, any party filing a response is required to pay Sh20,000 for the Supreme Court to consider it and a further Sh4,000 for filing notice of intention to oppose the petition.

Those challenging the election of a governor, senator, woman representative or MP are required to pay the High Court Sh30,000 and an additional Sh100,000 security.

Those challenging the election of an MCA are required to deposit Sh100,000 at the magistrate's court as security besides paying Sh15,000.

The judiciary noted petitions other than for the presidency will be determined within six months from the date of filing.

In 2013, a total of 188 cases were filed, 24 of which were successful, 115 dismissed, 17 withdrawn and 31 were struck out.

Following the election on August 8, the courts are handling a total of 330 cases.

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