Here are election petition losers ordered to pay Sh141.5m in total costs
Petitioners who unsuccessfully challenged the election victory of their rivals are starting to feel the heat of their loss. Various courts slapped them with huge bills totaling Sh141.5 million.
The millions in costs will be paid to the Independents Elctoral and Boundaries Commission (IEBC), lawyers and respondents.
The number of election petitions rose from 188 in the 2012 elections, to 277 in the 2017 elections.
The spike is believed to have been as a result of the September 1, 2017 Supreme Court ruling that nullified President Uhuru Kenyatta’s win.
Here is a breakdown of the amount of money that election petition losers were asked to pay.
1. Kirinyaga Governor; Martha Karua Sh10 million
The Narc-Kenya leader was asked to pay Sh10 million after her petition against Governor Anne Waiguru’s win was struck out by Kerugoya High Court judge Lucy Gitari.
2. Laikipia Governor; Sammy Waity Ndung’u Sh12 million
Governor Ndiritu Muriithi’s election was upheld by Lady Justice Mary Kasango who ruled that the petitioner failed to prove his allegations of electoral malpractices.
3. Nairobi Governor; Voters Japheth Muroko and Zachaeus Oliech Sh5 million
Two voters filed a petition challenging the election of against Governor Mike Sonko. The petition was dismissed by High Court judge Justice Msagha Mbogholi after the petitioners requested to withdraw it citing security fears.
The judge slapped them with a Sh5 million bill.
4. Kisumu Governor; Jack Ranguma Sh million
Justice David Majanja dismissed the petition by former governor Jack Ranguma challenging the election of Governor Peter Anyang’ Nyong’o, citing lack of evidence.
5. Machakos Governor; Wavinya Ndeti Sh10 million
Machakos High Court Judge Aggrey Mucheleu said the petitioner (Wavinya Ndeti) failed to provide evidence to substantiate her allegations against the governor hence upholding Alfred Mutua’s win
6. Mombasa Governor; Hassan Omar Sh8 million
The former senator lost his petition challenging Governor Hassan Joho’s win. Justice Lydia Achode stated that the grounds seeking nullification were insufficient, based on hearsay and lacking in evidence.
7. Busia Governor; Voter Peter Odima Sh12 million
The election of Governor Sospeter Ojaamong was upheld as Justice Kiarie Waweru said petitioner– a voter from Nambale Constituency – did not produce sufficient evidence to nullify the election.
8. Trans-Nzoia Governor; Voters Robinson Simiyu Manga and Alpha Kitazi Chore Sh10 million
The two voters challenged the election of Governor Patrick Khaemba citing irregularities. They lost after Justice Anthony Mrima said there was insufficient evidence to quash the election.
9. Samburu Governor; Simeon Lesirma Sh6 million
Governor Moses Lenolkulal’s election was upheld after Judge Roseline Wendoh dismissed the petition challenging his election on grounds that it lacked merit.
Former Samburu North MP Simeon Lesirma had moved to court seeking orders to invalidate Lenolkulal’s election, arguing that the poll was marred by massive irregularities.
10. Kisii Senator; George Ogake and Charles Orito Sh8 million
The two petitioners challenging Senator Sam Ongeri’s win will have to settle a bill of Sh8 million. Lady Justice Winfrida Okwany said the petitioners did not produce sufficient proof for the court to invalidate the polls.
11. Ruaraka MP
TJ Kajwang’s election was upheld and petitioner Elizabeth Ongoro directed to pay Sh3 million.
12. Shinyalu MP
Justus Gesito Mugali’s win was upheld and petitioners Silverse Anami and Adrian Meja directed to pay Sh5 million in costs.
13.Turkana South MP
James Lomenen’s election was upheld and Ebenyo Ekuwom slapped with Sh3 million in cost of the petition.
14. Emurua Dikirr MP
Johana Ng’eno’s re-election was upheld and David Keter directed to pay Sh3 million.
15. Kitui South MP
Rachel Nyamai’s win was upheld and Kennedy Moki directed to pay Sh2 million.
16. Magarini MP
Michael Kingi’s election was upheld and petitioners Johnson Mutawali and Boniface Nzai with Sh3 million cost.
17. Kisumu Woman Representative
Rosa Buyu’s election was upheld and petitioner Grace Akumu slapped with a Sh3 million bill of costs.
18. Kitutu Masaba MP
Shadrack Mose’s election was upheld and former MP Timothy Bosire ordered to pay Sh5 million as cost in the case.
19. Nakuru Town MP
Samuel Arama’s victory was upheld and Dr Isoe Ochoki ordered to pay Sh5 million as costs.
20. Sirisia MP
John Waluke’s win was upheld and the petitioner Levy Makali slapped with Sh6 million as cost of the case.
21. Bomachoge Borabu MP
Zadoc Ogutu’s election was upheld and Thomas Matwetwe was slapped with Sh3.5 million petition costs.
22. Wajir East MP
Rashid Kassim Amin’s win was upheld and petitioner Mohammed Muhammed Sheikh was ordered to pay Sh2 million to the respondents.
23. Nyali MP
Mohammed Ali’s election was upheld with petitioner Daniel Omondi ordered to pay Sh7 million as costs.
24. Yatta MP
Charles Kilonzo’s win was upheld and petitioner Francis Mwangangi directed to pay Sh5 million.