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January 21, 2019

Appeal court in Kisumu upholds elections of Kibunguchy, Miruka

Kisumu law courts
Kisumu law courts

The Court of Appeal in Kisumu has upheld the elections of MPs Enoch Kibunguchy (Likuyani) and Alpha Miruka (Bomachoge Chache), saying petitions lacked of merit.

Appellate judges Erastus Githinji, Hannah Okwengu and Jamila Mohammed also ruled that the appeals were filed past the deadline.

In the Likuyani case, presiding judge Erastus Githinji said the appellant Evans Taracha filed the

appeal late.

Githinji, who read the judgment on behalf of a three judge-bench, said the court has no jurisdiction. The case was dismissed with Sh2 million costs to petitioners.

Evans Nabwera had sued after the Kakamega High Court dismissed his petition and upheld the election of Kibunguchy.

He challenged Kibunguchy’s election on grounds that the polling was marred by malpractices including bribery and denying his agents access to polling stations.

In the Bomachoge Chache appeal, the court struck out the case after it was filed too late.

It said petitioner Jeremiah Matoke filed the appeal 80 days after the High Court judgment, which was outside the mandatory time.

The judges dismissed the appeal with Sh5 million costs.

Matoke wanted the election nullified on grounds that it was not free, fair and transparent.

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