Court dismisses petition challenging election of two MPs

The Supreme Court has dismissed two election petitions contesting the election of Nyaribari Chache and Nyando Legislators, Richard Nyagaka Tong’i and Fred Outa, respectively.

Justices Philemona Mwilu, Smokin Wanjala, Jackton Ojwang, Njoki Ndung’u, Mohammed Ibrahim and Isaac Lenaola dismissed the petitions for lacking in merit.

With regard to Outa’s election, the court declined to reopen a case contesting his election by poll loser, Jared Odoyo Okello, on grounds that he has additional evidence.

According to the bench, the Supreme Court has no power to review its own decision on grounds that an aggrieved party has additional evidence.

On the petition against Nyakaga, the Supreme Court declined to hold that his election was illegal, since it arose from an illegality, and nothing can validate such a process.

Chris Munga had insisted that the Legislators election following a by-election conducted on December 30, 2013 was the product of a judicial process which arose out of an invalid petition, and is in essence a nullity.