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BY CORRESPONDENT,KISUMU,3RD JAN,2017-The Kisumu Governor Peter Anyang’ Nyong’o,can now breath easy after high court on Wednesday threw out the petition filed by former governor Jack Ranguma challenging his election.High Court has dismissed a petition citing lack of evidence.
While delivering the ruling at the Kisumu high Court Judge Justice David Majanja ruled that Mr Ranguma did not prove that the elections were interfered with.
The judge said the petitioner was bound to prove the case he had pleaded, adding that he (petitioner) is not permitted to make a case outside the pleadings and his affidavits and that testimony must be consistent with and support the case pleaded.
Mr Ranguma’s case, according to the judge, was founded on four broad grounds, namely the relay and transmission of results, lack of impartiality, neutrality, efficiency, accuracy and accountability on the part of the IEBC, the lack and failure of operational transparency and the improper voting, counting and tabulation of results.
“The allegations made by the petitioner are vague and embarrassing. Such vagueness is not cured by stating in the petition that the grounds, information and evidence are detailed in the supporting affidavits,” said Justice Majanja.
Mr Ranguma had filed the case alleging that there was massive electoral malpractices committed by the Independent Electoral and Boundaries Commission (IEBC) and Prof Nyong’o to doctor the final results.
According to the results declared by IEBC Prof Nyong’o garnered 227,127 votes, Mr Ranguma got 156,963 votes and Jubilee’s Christine Atieno garnered 2,383 votes.
Amani National congress’ Peter Charles Owino Omollo got 1,955 votes while David Otieno Wayiera got 821 votes.
Mr Ranguma insisted that the polls were not free, fair, credible and transparent, further claiming there was tampering with ballot boxes, that his agents were kicked out of polling stations and that some Forms 37A were not signed by the presiding officers of various polling stations.
The former governor claimed the electoral process was adulterated to favour Prof Nyong’o.
Justice Majanja found that although pleaded, there was no evidence of unofficial ballot papers counted in favour of Prof Nyong’o.