Court dismisses election petitions against Likuyani, Bomachoge MPs


Court dismisses election petitions against Likuyani, Bomachoge MPs
Likuyani MP Enoch Kibunguchy, right, and his Bomachoge counterpart Charles Miruka in court during the hearing of election petitions against them on Wedensday July 18, 2018. Both petitions were dismissed. (PHOTO/ALLAN OBIERO)

In Summary

  • Justice Erastus Githinji said Evans Nabwera Taracha, the appellant against the election of Likuyani legislator Enoch Kibunguchy, filed the appeal outside the stipulated period of 30 days.
  • Justice Githinji further ruled out Jeremiah Nyangwara Matoke's appeal against Bomachoge MP Charles Miruka on the grounds of technicality.
  • The court stated that Mr Matoke filed his appeal ten days past the stipulated period.

The Court of Appeal in Kisumu has dismissed petitions challenging the elections of Likuyani Member of Parliament (MP) Enoch Kibunguchy and his Bomachoge counterpart Charles Miruka.

Justice Erastus Githinji on Wednesday ruled that Evans Nabwera Taracha, the appellant against the election of the Likuyani MP, filed the petition outside the stipulated period of 30 days.

The judge said the court had no jurisdiction to entertain the appeal as per the law, adding that other grounds of appeal therefore had no merit.

In the Bomachoge case, Justice Githinji ruled out Jeremiah Nyangwara Matoke’s appeal against Mr. Miruka on grounds of technicality.

Justice Githinji said the appellant erred by filing the appeal 10 days outside the stipulated period which allows for filing of a notice of appeal within 7 days and record of appeal in 30 days.

Both petitions were dismissed with costs.

The MPs welcomed the judgment and asked their competitors to join hands in developing their respective constituencies.

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Story By Allan Obiero
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