Court upholds Nyamira Governor Amos Nyaribo’s election victory
Nyamira Governor Amos Nyaribo. The High Court has upheld his victory.
The High Court has upheld the victory of Nyamira Governor Amos Nyaribo.
The court ruled that the evidence provided by petitioner Mr Dennis Ayiera was not enough to compel it to overturn the gubernatorial results announced by the Independent Electoral and Boundaries Commission (IEBC) during the August Election last year.
Mr Nyaribo, who contested on a United Progressive Alliance (UPA) party ticket was announced the winner with 82,090 votes against Mr Nyambati’s 49,281, a margin of 32,809 votes in last year's polls.
The petition was filed on September 7, 2022, and was seeking to overturn the election of Mr Nyaribo as governor of Nyamira County.
In the 96-page judgement delivered virtually by Justice Kanyi Kimondo on Thursday afternoon, the court said the petitioner failed to prove whether a certain agent was working for the UPA Party or the first and second respondents.
According to Justice Kimondo, the petitioner did not prove beyond reasonable doubt that the first and second respondents misused public resources to convince residents to vote for them.
No criminal offense
Mr Ayiera also failed to prove beyond reasonable doubt that the first and second respondents committed any misconduct of any criminal nature.
"The totality of any anomalies could not affect the outcome of the elections, since there is no election that is perfect," Justice Kimondo said.
In his affidavit, the petitioner had alleged that Mr Nyaribo’s election was not conducted in accordance with the law and that the IEBC did not conduct a free, fair and transparent election.
He also claimed that there was an alteration of vote tallies, especially in form 37C, an act that saw Governor Nyaribo, who was listed as the first respondent, unfairly win the polls.
“IEBC maintained that the election was conducted in accordance with the Constitution and in accordance with the law and hence the petition is hereby dismissed with costs,” Justice Kimondo said.
Immediately after the judgement was delivered, the UPA Party leader took to social media to express his gratitude by quoting 1st Corinthians 15: 57-58.
“But thanks be to God! He gives us the victory through our Lord Jesus Christ,” Mr Nyaribo posted on one of his social media accounts while promising to deliver on his campaign pledges.
