High Court dismisses petition against NASA MP

High Court dismisses petition against NASA MP

The High Court in Nyamira on Thursday upheld the victory of West Mugirango Member of Parliament Vincent Mogaka Kemosi in a petition filed by Stephen Mogaka, his closest challenger.

The petition was seeking to nullify the West Mugirango elections in the August 8 general election.

The petitioner, Mr. Stephen Mogaka of the Wiper Party, had alleged that the Constituency elections were marred by illegalities and irregularities.

In his ruling, Judge James Makau struck out the petitioner’s affidavits on grounds that they were defective and incompetent.

He further made orders that the affidavits of seven witnesses sworn on September 6 be expunged from the records for being inaccurately defective for being sworn before unauthorised an person.

In his ruling, Judge Makau noted that the affidavits were incurably defective as they were signed by a person not authorised by law and having an interest in the case.

He dismissed the petition with costs where he ordered the petitioner to pay instruction fees to the respondents.

He directed that he pays KSh.1.2 million to 1st and 3rd respondents (IEBC and West Mugirango Returning Officer, Mr. Samson Mayo) and an extra KSh.1.5 Million to the 2nd respondent (Hon.Vincent Kemosi).

Kemosi had garnered 12,004 votes against the petitioner’s 9,906 votes.

After the ruling, supporters of Mr. Kemosi poured into the streets to celebrate his victory.

Kemosi said he was now free to serve the people of West Mugirango in Nyamira.

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High Court in Nyamira West Mugirango Member of Parliament Vincent Mogaka Kemosi

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