Petition Challenging West Mugirango MP Mogaka Dismissed With Costs
West Mugirango Mp Stephen Mogaka addressing members of the public after the Court dismissed the petition challenging him photo |Elizabeth Angira
By Elizabeth Angira
Nyamira High Court has upheld the petition of West Mugirango Stephen Mogaka challenging him his victory in August election poll.
High Court Judge Kiarie Wa Kiarie struck out the petition, on grounds that the case lacked merit.
The first petition was filed by former West Mugirango Vincent Kemosi through a voter Edwin Nyakundi and the court find that the petition lacked merit.
The second petition was filed Rodgers Moturi (ODM) on the grounds of that there were massive voters rigging , voter bribery and the process was unfair which he did not prove in the court.
Also the votes that were tallied at constituency level were not in tandem.
While delivering the judgment justice Kiarie dismissed the case with costs on the grounds that the petitioner did not substantiate the allegations.
Samson Nyaberi lead counsel said that the Independent Electoral Boundaries Commission (IEBC) conducted its affairs in a fair and transparent manner.
Nyaberi said that the legislature is free to to continue with the stalled projects.
Senior Counsel Danstan Omari thanked the court for its justice and said that the petitioners have not asked any document from the legislature to proceed to the court of Appeal.
Omari said that this is the first time in history for legislature to have been served two petitions and luckily Mogaka defeated them all.
Omari said that the legislature is now free to serve the members of the public in the constituency.
Separately, Mogaka thanked the Court and vowed that he is going to serve all the people fairly and asked his opponents to come and join hands to develop the constituency.
“I thank the almighty God, am now free to continue with stalled projects,” he said.
He said that he is going to ensure that Constituency Development Fund has been distributed fairly.
Mogaka who was declared by IEBC the winner for the West Mugirango parliamentary seat on a Jubilee ticket with 17,104 votes now awaits the verdict on a second petition filed by his opponent Rodgers Moturi who vied on an ODM ticket and came second with 16, 751 votes.
Mogaka was represented by Elkanah Ndubi, Dorcas Mwai.
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