Obado off the hook as Ayacko gets ODM nod for Migori Senate seat


ODM leader Raila Odinga reconciles political foes Migori Governor Okoth Obado (right) and Ochillo Ayacko ...
ODM leader Raila Odinga reconciles political foes Migori Governor Okoth Obado (right) and Ochillo Ayacko during the burial of Migori Senator the late Ben Oluoch. Photo/COURTESY

In Summary

  • The judge ruled that the claims that the Governor bribed voters could not be authenticated.
  • The appeal was set aside and the appellant ordered to bear the cost of the appeal capped at Ksh.2million.
  • Gatembu further slashed the High Court cost from Ksh.6 million to Ksh.1.5 million.
The Kisumu Appellate Court has upheld an earlier decision that declared Governor Okoth Obado was validly elected as Migori Governor.
This comes a week after Ochilo Ayacko withdrew the case challenging his rival’s election.
Coincidentally, the Orange Democratic Movement (ODM) has given Ayacko a direct nomination for the Migori Senate by-election.
President Uhuru Kenyatta had also nominated Ayacko as an ambassador pending Parliament approval but the former minister declined.
On Friday, Justice Stephen Gatembu ruled that Ayacko failed to prove his case and was on a ‘fishing expedition’.
He affirmed that the Migori High Court was factual in its ruling since most of the witnesses’ accounts could not be proved.
The judge further added that the claims that the Governor bribed voters could not be authenticated.
The appeal was set aside and the appellant ordered to bear the cost of the appeal capped at Ksh.2million.
Gatembu further slashed the High Court cost from Ksh.6 million to Ksh.1.5 million.
Meanwhile, Nyaribari Chache MP Richard Tongi also survived an appeal against his win after the Appeal Court struck it out for lacking merit.
While delivering the ruling, Justice Kathurima M’inoti said the High Court did not err in upholding the election of the MP.
Zaheer Jhanda had challenged the Kisii High Court decision that affirmed that Tongi was validly elected.

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Story By Allan Obiero
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