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May 25, 2018

One of two petitions against Ongwae dismissed, judge says it is defective

Former ODM Chief campaigner James Ongwae who resigned yesterday to contest for Kisii county governor. photo/Monicah Mwangi
Former ODM Chief campaigner James Ongwae who resigned yesterday to contest for Kisii county governor. photo/Monicah Mwangi

Kisii Governor James Ongwae has won the first hurdle in defending his reelection after the High Court yesterday dismissed one of the petitions challenging his victory. Justice Hellen Omondi struck out Lumumba Nyaberi’s petition, saying it was defective. Omondi said Nyaberi had only mentioned Ongwae in his petition and left out Deputy Governor Joash Maangi.

The judge said Ongwae’s election was inseparable from that of Maangi and that failing to include the latter was prejudicial. Ongwae, through lawyer Okong’o Omogeni, had urged the court to dismiss Nyaberi’s petition, saying it was incurably defective.Nyaberi had contested the Kisii governorship on the Wiper Party ticket in the August 8 general election.

Omogeni told the court that Nyaberi had only listed the IEBC, county returning officer Sidney Namulungu and Ongwae as the first, second and third respondents respectively.

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