High Court upholds Kilifi Governor’s win

Jeffa Amason Kingi. [Photo: Courtesy]

By Paul Gitau

KENYA: Barely a week after a high court nullified the election of Siaya County Governor his counterpart in Kilifi County Jeffa Amason Kingi had a sigh of relief after the Malindi High Court dismissed two petitions filed against him.

Malindi Resident Judge Justice Christine Meoli dismissed the petitions filed against Kingi saying the elections conducted were free and fair.

In her three hour judgement Justice Meoli also directed the petitioner to pay costs amounting to Sh3 million.

Former Assistant Minister Francis Baya and Professor Lenno Mbaga had filed two petitions in the high court challenging the elections of the governor which they claimed was not fair.

In the petitions the two averred that there were chaos in a number of polling station in the county that left at least five police officers dead and an Independent Electoral and Boundary Commission ( IEBC) officials abducted.

The police officers the petitioner claimed were killed by people who masqueraded as members of the outlawed Mombasa Republican Council (MRC) but the agenda was meant to disrupt voting in parts of Ganze and Kilifi North constituencies which they claimed were their strong holds.

The petitioners claimed as a result a huge numbers of voters did not turn out to vote due to insecurity and that in some of the polling stations voting started late and ended early.

As a result the petitioners separately claimed that their supporters did not turn out to vote a move that each claimed saw him loose the elections.

Mr Baya also claimed in his petition 3 of 2013 that there was massive voter bribery conducted by the governor’s agent and that a number of Form 35 were altered in favour of kingi.

In the petition IEBC and Kingi were first and second respondents.

However, in her ruling Justice Meoli concurred with the two petitioners that it was evident that there were cases of violent reported but there was no proof that the violence targeted supporters or voters of a particular candidate.

The judge noted that voter turnout in the two constituencies where there were chaos were high and estimated to be at 62 per cent unlike in Malindi and Magarini constituencies where the election were conducted peaceful and the voter turnout was low.

Justice Meoli said in her opinion there was no evident that there could be a 100 per cent voter turnout in the station that experienced chaos adding that it could also not be established whether the remaining 38 per cent of voters who did not turn out to vote due to insecurity could vote for one candidate.

On the issue of alteration of Form 35, the judge noted that out of 693 form 35 presented in court only 281 had been altered but the changes were minimal and could not adversely affect the election results as Kingi was leading with over 55,000 votes.

“Although the election was fraud with degree of  apprehension which arose from real, several ugly incidence of violence, malpractices, irregularities and was far from perfect, it was substantially conducted in a free, fair, transparent and credible manner in compliance with the law” justice Meoli ruled.

She said the expression of the will of people of Kilifi County as demonstrated by the high voters turn out must be upheld and dismissed the two petitions.

She directed that the two petitioner pay a cost of Sh3 million which will be shared between the governor and IEBC.
Kingi was represented by lawyers Aoko Otieno and Timothy Bryant while IEBC lawyer was Mr Emmanuel Wetangula.

Baya was presented by lawyer Eunice Kibe while Professor was presented by a Mr Michira.