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Lang’ata MP Nixon Korir survives election petition

By SAM KIPLAGAT February 27th, 2018 2 min read

Lang’ata MP Nixon Generali Korir on Tuesday survived an election petition scare after a judge ruled that he was validly elected.

Justice Lucy Njuguna dismissed all the grounds put forth by the petitioners stating that most of them were mere allegations and hearsay.

The Judge faulted the five petitioners for failing to call their agents, to prove claims that they were denied access to polling stations, on the voting day.

“Having considered all the evidence, the pleadings and submissions made, it is the court’s view that the petitioners have failed to prove that there was massive, systematic and planned rigging in favour of the third respondent (Mr Korir),” she said.

The Judge added that complaints about interference with ballot boxes were not proved and a scrutiny carried out by the Deputy Registrar confirmed that the boxes were intact save for one polling station in Kongoni primary school.

BIG MARGIN

She also added that even if the court were to subtract 220 votes captured in form 35A and which could not be found in the ballot box after scrutiny, Mr Korir would still win by a big margin.

Mr Oscar Ocholla Omoke of ODM had challenged Mr Korir’s win together with Mr Kariuki Kavore, Mr Daniel Odera, Mr Hillary Okumu Mulilia and Ms Margery Nduta Kiragu.

In the petition, Mr Omoke argued that the election of the Jubilee MP was characterized by irregularities and malpractices.

He accused the IEBC of not administering the poll in an impartial, neutral, efficient, accurate and accountable manner, contrary to Article 81(e) (v) and sections 39, 44, and 44A of the Elections Act.

According to Mr Omoke, the returning officer Martin Simotwo lacked “verifiability”.

He also alleges that there were irregularities and discrepancies in the forms 35As and 35Bs that were provided by the Commission and that some 35bs and some form 35As were not signed and stamped as required under the law.

The Judge, however, dismissed all the allegations and ordered the petitioners to pay Sh2.5 million each to the Independent Electoral and Boundaries Commission (IEBC) and Mr Korir, to cover costs of the petition.

She also dismissed claims that Deputy President William Ruto imposed Mr Korir on the Lang’ata voters by publicly declaring that the seat has been reserved for a Kalenjin.