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BY KORIR JUMA,NAIROBI,26TH FEB 2018-Starehe Member of Parliament Charles Njagua Kanyi, also known as Jaguar has gotten a reprieve after the high court upheld his election victory.
While delivering a ruling in the petition filed by Njagua’s main challenger in August 8 2017 elections Steve Mbogo , judge Fred Ochieng on Monday ruled that the Jubilee MP was validly elected.
The judge has also handed Mbogo a huge blow after he ordered him to bear the cost of the suit amounting to Ksh10 million to the MP and the electoral commission.
In his decision, Justice Ochieng said Mbogo failed to show and give evidence of the forms that he had claimed were not signed.
The judge further said Mbogo failed to prove that there were discrepancies in the results announced by the IEBC.
The judge agreed with IEBC that transmission of results involved the use of KIEMs and failure to sign form 35A did not have any impact on the results because it was a “minor issue”.
He ruled that the August 8, 2017 election was free and fair, adding that Mr Mbogo did not prove all his claims of irregularities as per the guideline set out in the election laws and the Constitution.
“The election was conducted in accordance with the Constitution. The petitioner did not satisfying the legal burden of proof,” Justice Ochieng ruled.
The court also ruled that the petitioner did not show evidence of discrepancies in vote tallying and counting.
Justice Ochieng also ruled that Mr Mbogo who vied on an ODM ticket also failed to prove his claim that some voters who were not in the KIEMs kit were allowed to vote.