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Magara loses high court appeal
- Details
- Published on Friday, 30 April 2010 19:07
Two appeal judges Riaga Omollo and Phillip Tunoi confirmed the decision of Justice Daniel Musinga and threw out an appeal lodged by Mr Magara.
The judges agreed with justice Musinga that the South Mugirango parliamentary election was not held in a transparent, free and fair manner.
They observed that a recount and scrutiny of votes cast could not cure the anomalies and irregularities that marred the parliamentary election process even though the court confirmed that Mr Magara had actually won the vote count.
Justices Omollo and Tunoi said that election process goes beyond simple arithmetic, “it is not solely about the winner and loser as it also concerns voters and their interests should also be considered''.
They added that no explanation was given following the refusal by presiding officers at polling stations to sign form 16A.
“For that reason, we confirm the High Court's decision and strike out the petition,'' they declared on Friday.
Mr Magara lost his seat after Manson Nyamweya successfully challenged his election, saying the 2007 parliamentary elections were marred with massive irregularities.
However , justice Erastus Githinji sitting on the same bench had a different opinion and set aside justice Musinga's judgment saying most of the anomalies complained of by the petitioner were cured when the scrutiny and recount of votes was done.
