High Court upholds Ojaamong election

Busia Governor Sospeter Ojaamong was declared validly elected by Justice Waweru Kiarie, who dismissed a petition challenging his victory with costs. Busia High Court judge Kiarie ordered the petitioner Peter Odima to pay the respondents, Independent Electoral and Boundaries Commission (IEBC), Ojaamong and the Returning Officer, Sh12 million.

“The petitioner will pay costs not exceeding Sh4 million to each of the three respondents,” he said. Justice Kiarie said the election in Busia county was conducted according to the Election Act and Ojaamong was validly elected as the governor.

He said out of the seven candidates who contested for the area governor’s seat, Ojaamong emerged the winner after garnering 135,962 votes followed by former Funyula MP Paul Otuoma with 125,165 votes.

The judge dismissed the claims made by the petitioner and some witnesses, saying they were mere allegations because there was no evidence to support them.

The petitioner had claimed in his petition that the governor’s election was marred with violence, voter bribery and campaigning at polling stations. “Allegations of bribery and violence are serious criminal offences and should have been reported to the police by the petitioner,” said Kiarie, adding that there was no evidence to prove the claims.

Kiarie further dismissed claims that Otuoma’s agents were locked out of polling stations and were denied badges and accreditation letters, saying some of the witnesses gave contradictory statements while testifying before the court.

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