Jaguar’s election upheld, Steve Mbogo to pay Ksh.10 million


Starehe MP Charles Kanyi Njagua and Opposition politician Steve Mbogo. PHOTO| Courtesy
Starehe MP Charles Kanyi Njagua and Opposition politician Steve Mbogo. PHOTO| Courtesy

In Summary

  • Justice Fred Ochieng' dismissed the petition challenging Jaguar's win, saying the petitioner, ODM Party's Steve Mbogo, did not provide sufficient evidence to support his claims that the election was marred by irregularities.
  • The court ruled that failure by the Returning Officer to sign of of the forms 35 A was a minor issue and did not have any impact on the results of the election.
  • Mbogo was ordered to pay a total of Ksh.10 million; Ksh.5 million to Jaguar and a similar amount to the Independent Electoral and Boundaries Commission.

The High Court in Nairobi has upheld the election of Charles Njagua Kanyi aka Jaguar as Starehe Member of Parliament.

Justice Fred Ochieng’ dismissed the petition challenging the legislator’s win, saying the petitioner, ODM’s Steve Mbogo, did not provide sufficient evidence to support his claims that the election was marred by irregularities.

“I find where there were discrepancies on the vote counts the petitioner has not shown evidence of the said discrepancies. The petitioner didn’t show evidence that there were voters who were not in the KIEMS kit,” said Justice Ochieng’.

The court ruled that failure by the Returning Officer to sign off Forms 35 A was a minor issue and did not have any impact on the results of the election.

Justice Ochieng’ further dismissed Mbogo’s claim that he had been assaulted by Jaguar saying there was no proof for the same.

The court ruled that Jaguar was validly elected and that the Starehe parliamentary election was conducted in accordance with the Constitution and relevant electoral laws therefore dismissed the petition with costs.

Mbogo was ordered to pay a total of Ksh.10 million; Ksh.5 million to Jaguar and a similar amount to the Independent Electoral and Boundaries Commission.

 

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Story By Dzuya Walter
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