The High Court sitting in Kisii has dismissed a petition challenging the election of Kisii Governor James Ongwae terming it defective.
Presiding Judge Justice Hellen Omondi ruled that the petition filed by gubernatorial candidate Justry Lumumba Nyaberi must be dislodged by striking it out with costs to all respondents.
Nyaberi had named the Independent Electoral and Boundaries Commission (IEBC), County Returning Officer Sidney Namlungu and James Ongwae as respondents in the petition.
In his submission, lawyer Okong’o O’Mogeni appearing for Governor Ongwae drew to the court’s attention to the format and content of the petition, pointing out that although the heading had named the aforesaid respondents, the complaint on the body was against two individuals who are not parties in the petition.
The court further found that the petitioner had failed to name the Deputy Governor as a respondent in the petition describing the omission as fatally defective to the petition.
The court dismissed attempts by the petitioner’s lawyer Sonye Ondari to amend the petition claiming it was a typographical error.
“The petition breaches all known rules on presentation of election petitions and there is no way life can be breathed into it as it is incurably defective and is dead,” O’Mogeni had submitted.
Nyaberi had moved to court claiming that his running mate Charles Birundu was coerced by the third respondent to issue a press statement on the eve of the elections where he said they withdrawn their candidature and appealed the electorate to re-elect the governor.
The news item was published in mainstream and vernacular radio outlets, a move the petitioner claimed gave the third respondent undue advantage over him at the ballot.
In dismissing the case, Justice Omondi averred that matters raised by the petitioner were supposed to be addressed in a different forum.
“I have no doubt that the complaints against Royal Media Services, Standard Group and Egesa FM station are before the wrong forum,” Justice Omondi said.
The court added that the petitioner did not show that he presented his grievances to the Media Complaints Commission and turned away to warrant him to proceed to an election court.
The court acknowledged that an argument brought before it by Ongwae’s lawyer Okong’o O’mogeni that the petition’s format and contents of the petition were defective.
Ongwae retained his seat on an ODM ticket while Nyaberi who flew Wiper Party flag came in third. Ongwae’s main challenger, Chris Obure was second.
