CJ Koome gazettes 123 election disputes to be heard
Chief Justice Martha Koome.
What you need to know:
- The number of election petitions is down from 388 disputes filed after the 2017 General Election and 188 in the 2013 elections.
- 12 of the petitions relate to governorship elections and two senatorial.
- Governors facing petitions include Anne Waiguru, Mutula Kilonzo, Dhadho Godhana, Patrick Ntutu, Gideon Mungaro, Amos Nyaribo, Fatuma Achani and Ahmed Abdullahi.
Chief Justice Martha Koome has appointed 104 Judges and Magistrates to hear and determine 123 election petitions arising from the August 9 General Election.
The number of election petitions is down from 388 disputes filed after the 2017 General Election and 188 in the 2013 elections.
In the gazette notice published Friday, the CJ indicated that 12 of the petitions relate to governorship elections and two senatorial.
Four petitions involve the county woman representative elections, 28 for The Member of National Assembly and 77 for the Member of County Assembly.
The notice further indicates that for petitions emanating from Wajir, Garissa and Mandera counties (parliamentary, governorship and Woman Rep polls) the parties will have to travel to Nairobi for the hearing at the High Court in Milimani.
The notice by the CJ further indicates that the petitions will be heard by judges and magistrates drawn from court stations away from the concerned electoral areas.
For instance, Justice Kanyi Kimondo from the High Court in Murang'a has been deployed in Nyamira to hear the petition filed against the election of governor Amos Nyaribo while Justice Jairus Ngaah has been deployed from Milimani High Court Judicial Review division to Malindi to hear and determine petition involving Kaloleni MP election.
Justice Florence Muchemi has been deployed from Nyeri to the High Court in Malindi for a petition involving the Kilifi Woman Rep election while Lucy Gitari has been deployed from Chuka to Milimani Nairobi to hear two petitions for Mandera North Constituency and Wajir County Woman Rep elections.
According to the Elections Act —The Election (Parliamentary and County Elections) Petitions Rules, 2017, the petitions must be heard and determined within six months.
Governorship wins disputed
Among the governors whose election is being disputed is Dr Paul Otuoma (Busia county) whose election has been challenged by Sakwa Bunyasi, Gladys Wanga (Homa Bay) whose election has been challenged by former Nairobi governor Evans Kidero and Joseph Ole Lenku (Kajiado) whose election has been challenged by former MP Katoo Ole Metito.
Other governors facing petitions include Anne Waiguru (Kirinyaga) whose election has been challenged by former Woman Rep Purity Ngirichi, Mutula Kilonzo (Makueni) whose election is been challenged by former MP Patrick Musimba and Dhadho Godhana (Tana River) whose election is been challenged by Mr Hussein Tuneya Dado.
Also on the list is Narok governor Patrick Ntutu whose election is been disputed by former MP Richard Moitalel Ole Kenta.
Other governors not sitting pretty as a result of the court petitions include Gideon Mungaro (Kilifi), Amos Nyaribo (Nyamira), Fatuma Achani (Kwale) and Ahmed Abdullahi (Wajir).
Mr Abdullahi is facing two petitions filed by Siyad Abdille Abdullahi and Hassan Mohamed Adam, according to the gazette notice.
The two petitions will be heard by separate judges, Reuben Nyakundi and George Ndulu.
The senators whose elections have been challenged are Godfrey Otsotsi (Vihiga) and Ledama ole Kina (Narok).
The counties where woman representative elections have been challenged in court include Kilifi, Kisii, Nyamira and Wajir.
Among the MPs whose elections have been disputed are George Koimburi (Juja Constituency), Didmus Barasa (Kimilili), Rachael Wanjala (Bundalangi), Malulu Ijendi (Malava), Gabriel Kagombe (Gatundu South) and Paul Kahindi Katana (Kaloleni).
Also on that list are Mwangi Kiunjuri (Laikipia East), Mohammed Ali (Nyali), Anthony Njoroge Wainaina (Kieni), Amos Mwago (Starehe), Irene Njoki (Bahati), Adan Keynan (Eldas) and Daniel Manduku (Nyaribari Masaba Constituency).
Of the 388 petitions filed post-2017 general election, 174 were challenging the elections of governors and members of county assemblies, and 125 were challenging the election of MPs and senators and women representatives.
Ninety-eight petitions were challenging the election of MPs.
