Kisii — A High Court in Kisii has dismissed an election petition challenging the win of Kisii County Woman Representative Dorice Donya Aburi in the August General elections.
While delivering a judgement, Justice Stella Mutuku said the petition did meet the threshold of standard of prove to challenge the win of Donya Aburi.
Justice Mutuki on the analysis of issues raised in the petition such as noncompliance and irregularities said the petitioner did not provide evidence to this court on evidence of irregularities and non compliance.
The two petitioners Job Nyabuto and Ezekiel Okenye claimed there were voter bribary allegations in some polling stations during the voting process in favour of Dorice However he told the court he had no prove since he was told by his fellow agents.
The petitioners also claimed there was coordinated violence from Chiefs and the police in some polling stations to favour Dorice Donya,in cross examination he did not give evidence on the number or the names of the chiefs who were involved in this coordinated violence.
“The petitioner in his affidavit who was also a chief agent for Janet said there were multpractices in some polling station,”Said Mutuku.
Among these allegations,the petitioners did not prove to this court for instance the petitioner didn’t give evidence on the multpractices claim.the Agent to Janet Ongera in his affidavits did not give evidence to this court of being denied entry to the polling.
“The agent in his affidavit didn’t give evidence to this court to prove that the IEBC officials locked him out despite him claiming having proper documents to allow him access the polling station,”Said Justice Mutuku.
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An agent representing an independent candidate everline Ogendo in his affidavit said an elderly woman was assisted to vote for Dorice Donya despite her requesting to vote for Ogendo.
Another agent for Ongera claimed other agents were given bread and milk and he was left hungry as the Toyota probox which dropped lunch drove away and he felt something was not right
IEBC in their response said they conducted a free fair and credible elections in line to the Elections Act. IEBC conducted a training to all agents and how to register claims with IEBC on any irregularities and no claim was registered with them.
“The two petitioners failed to prove to this court on their petition which did not meet the threshold of standard of prove,”Said Mutuku.
The petitioners were ordered to incur costs by paying Ksh.3 million shillings to three respondends wherein Ksh. 1.5 will be paid to Dorice Donya and another Ksh 1.5Million to be shared by IEBC and the returning Officer.
Donya garnered 190,277 against her competitor Janet Ongera 69,995 votes and twelve other candidates who vied for the position.
“Am so happy have won this case,am ready to put the energy and work for my people as promised in my manifesto,”Said Donya.
