Another Election Win Upheld In Kisii, Petitioners Ordered To Pay Court Ksh20M

The Kisii High Court has upheld the August 9, 2022, general election victory of Nyaribari Masaba MP Daniel Manduku over insufficient evidence.

The petitioners, Laban Chweya, Elijah Moindi and Benard Ondari filed a case at the Kisii Law Court challenging Manduku's win.

The petitioners stated that the election process was unfair and wanted the exercise to be nullified.

They also asked the court to allow scrutiny and recount of ballot boxes in the constituency over allegations raised by witnesses during cross-examination.

During the cross-examination, High Court Judge Hedwig Ong’udi dismissed the re-tallying and scrutiny of 33 ballot boxes in an election petition challenging Manduku's win.

Former Nyaribari Masaba MP Elijah Moindi garnered 4,482 votes while Benard Ondari garnered 5,366 votes. The two had filed the petition challenging Manduku’s win under the Orange Democratic Movement (ODM) ticket with 16,303 votes.

Manduku was declared the winner by the Independent Electoral and Boundaries Commission (IEBC). Ong'udi dismissed the petition and ordered the petitioners to pay costs amounting to Ksh20 million.

On Tuesday, February 6, a Kisii Law Court dismissed a case which was seeking to nullify the August 9, 2022 election of Gesusu Member of County Assembly Anthony Kerage.

Kerage on Tuesday, February 6 successfully defended his seat in the election petition filed by an independent candidate, Jailus Buranda.

Buranda moved to court seeking the nullification of Kerage's election to the county assembly in Gesusu ward.

He went to the extent of suing him, the Independent Electoral and Boundaries Commission (IEBC) and the Nyaribari Masaba constituency Returning Officer (RO), on grounds of voter discrepancies and an unfair exercise during the polls.

Kerage won the elections with 2,808 votes against Buranda's 2,246 votes. He defended by stating that he successfully contested and won, and was declared the winner legally.

During a virtual ruling, Magistrate Stella Abuya ruled that the petitioner should foot the costs of filing the petition.

Kerage further told journalists that the court has set him free to bring more development to his ward.

"I'm now free, I have peace of mind to work to the electorates that voted for me,” he said.

He added that he is now going to concentrate more on development issues.

He assured members of the public that he will serve them equally as he called his competitors to join hands and dwell more on development matters instead of politicking.