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Minister first MP to lose seat in tenth Parliament
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- Published on Tuesday, 30 December 2008 21:27
†Also celebrating were supporters of another parliamentary aspirant, Simon Ogari who with Nyangwara filed a joint petition against Onyancha. Kisii High Court judge Justice Daniel Musinga delivered a landmark ruling that declared the election of Onyancha as Bomachoge MP a nullity and ordered a repeat poll.
Nyangwara and Ogari filed the petition on the grounds that no free and fair election was done in Bomachoge. They argued that 28 polling stations were not included in the final tally used to declare votes. The ruling that came barely two days after ECK was disbanded for bungling the last general election threw Bomachoge constituency into a state of shock and confusion even as they braced themselves for a fresh duel.
Those unable to travel to Kisii to witness the ruling tracked the proceedings on phone. The ruling against Onyancha was against the expectations of many with a number of petitions being thrown out by courts across the country. "We are happy with the ruling. It shows that the justice system can work again in the country," said an elated youth at Ogembo town.
†Meanwhile, two sitting legislators’ bid to end election petitions against them has flopped. The Court of Appeal ruled that the petitions challenging the elections of South Mugirango MP Omingo Magara and his Ikolomani counterpart Bonny Khalwale must now proceed to full hearing.
With the court’s decision, the legislators will now have to face their accusers in a bid to safeguard their parliamentary seats. In Magara’s case, he was challenging Justice Daniel Musinga’s decision to dismiss an application to strike out the petition on grounds that he was not dully served by the petitioner.
Yesterday, appellate judges Emmanuel O’Kubassu, Onyango Otieno and Joyce Aluoch upheld the High court decision that the petitioner, Mr Manson Nyangwara in deed served Magara with the petition. In the decision delivered by Justice O’Kubassu, the petitioner was unable to serve Magara due to the post election violence that had rocked parts of Rift Valley and Nyanza.
In Khalwale’s case, three appellate judges dismissed an application challenging Kakamega’s Election Court’s decision in which the MP papers to strike out the petition against him was dismissed.
