The High Court in Kakamega has dismissed a case challenging the victory of Vihiga Governor Wilbur Ottichilo in the August 28 polls.
Justice Ruth Sitati in her ruling said she found no evidence on claims that the governor had not been validly elected.
The case was filed by Hamzah Musuri Kevogo, a voter who argued that the governor’s 82,220 votes were invalid.
Kevogo said that Dr. Ottichilo had influenced electoral officials to work in his favor and that the entire election was not conducted within the confines of the Constitution and electoral laws.
The judge, however, said the claims were not backed up by the evidence produced in court.
“The evidence on record does not support the petitioner’s allegations that the third respondent [Dr. Ottichilo] was not validly elected,” Justice Sitati said on Monday.
“Evidence on record shows Governor Ottichilo was validly elected. This petition is dismissed as incompetent. The petitioner’s case was vexatious and frivolous,” she added.
Wilbur Ottichilo of ODM garnered 82,220 votes, beating his closest challenger, former governor Moses Akaranga, who got 65,539 votes.
In other related dismissed election news, the High Court in Nairobi has dismissed an application by two petitioners seeking to be allowed to admit further affidavits in a case challenging the election of Nairobi governor Mike Sonko.
Justice Msagha Mbogholi noted that the application could not be granted at this stage of the case.
The Judge also added that the petitioners failed to lay a basis for their application.
“The petitioners have cited irregularities in the forms that were used in the elections. However, I find no jurisdiction for granting the prayers,” ruled justice Msagha.
“In the end, the application must fail and is hereby dismissed,” the court ruled.