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BY NAMULONGO PETER,NAIROBI,14TH JUNE 2018-Kisumu governor Anyang’ Nyong’o’ is a happy man after the appeal filed by former governor Jack Ranguma challenging his election victory was thrown out.
The court of appeal on Thursday threw out the Ranguma appeal for lack of merit.
Justice Phillip Waki said the trial judge, Justice David Majanja, did not err in declaring Prof Nyong’o the winner of the August 8, 2017 poll based on the results announced by the electoral commission.
The court found that the election was carried out according to the Constitution, the Election Act and other election laws.
Justice Waki also supported the High Court ruling denying Mr Ranguma scrutiny, recount and re-tallying of the votes.
Justice Waki said the discrepancies in the Kisumu governorship election could not alter the final results.
He indicated that even if the results from five polling stations in Kisumu East, which were not recorded, were to be considered, it would not affect the final outcome.
“It is not in dispute that the third respondent (Nyong’o) was declared winner before all the results were counted and collated but even assuming Ranguma was awarded all the 3,500 votes from the five polling stations, this would not alter the majority will of the Kisumu people which was 115, 164 votes garnered by Prof Nyong’o,” said Justice Phillip Waki.
He added that the will of Kisumu people was clear in the votes cast.
Ranguma says he is ok with the court’s outcome.
Addressing the press after the ruling Ranguma said he was not bitter with the outcome adding that he will continue to work through other avenues and serve the people and especially his supporters who are many.
“I am confident I won the elections and I have done my part as an individual to prove my case and to ensure the will of the people of Kisumu is respected,” he said.
He admitted that there were some mistakes they did in the petition that could have led to the decision.
Ranguma also wished his successor the best and asked him to deliver the promises he made.
“I have tried my best as an individual but the courts feel otherwise,” he said.
“I wish Nyong’o all the best. I am not sure I will appeal the case, but it is subject to the advice I will get from my legal and entire team.”