Danstan Omari Applauds Nyamira Court For Dismissing Election Petition

Nairobi-based lawyer, Danstan Omari, on Thursday, March 2 commended the Nyamira High Court which upheld petitions seeking to throw out West Mugirango Member of Parliament (MP) Stephen Mogaka's victory in the August 2022 general elections.

Omari thanked the court for delivering justice in the ruling and stated that the petitioners had not asked for any document from the legislature to challenge the ruling at the Court of Appeal.

According to the lawyer, this is the first time in the history of the legislature for Mogaka to have been served two petitions challenging his win and defeating them all.

West Mugirango MP Stephen Mogaka addressing members of the public after the Court dismissed the petition challenging him. /VIRALTEAKE.ELIZABETH ANGIRA

Omari said that the legislature is now free to serve the members of the public in the constituency.

High Court Judge Kiarie Wa Kiarie struck out the petitions on grounds that the case lacked merit.

The first petition was filed by former West Mugirango MP Vincent Kemosi through a voter, Edwin Nyakundi, with the court faulting it for lacking merit.

The second petition was filed by Rodgers Moturi of the Orange Democratic Movement (ODM) on the grounds that there were massive voter rigging as well as voter bribery and the process was unfair, which he did not prove in court.

The votes that were tallied at the constituency level were also claimed to be not in tandem.

While delivering the judgment, justice Kiarie dismissed the case with costs on the grounds that the petitioner did not substantiate the allegations.

Lead counsel Samson Nyaberi argued that the Independent Electoral Boundaries Commission (IEBC)  conducted its affairs in a fair and transparent manner, adding that the legislature was free to continue with the stalled projects.

Separately, Mogaka thanked the Court and vowed that he is going to serve all the people fairly and asked his opponents to come and join hands to develop the constituency.

"I thank the almighty God, I'm now free to continue with stalled projects," he stated.

He added that he is going to ensure that the Constituency Development Fund (CDF) has been distributed fairly.

Mogaka, who was declared by IEBC the winner for the West Mugirango parliamentary seat on a Jubilee ticket with 17,104 votes now awaits the verdict on a second petition filed by his opponent Rodgers Moturi who vied on an ODM ticket and came second with 16,751 votes.

The MP was represented by Elkanah Ndubi and Dorcas Mwai.