Ranguma’s petition against Nyong’o dismissed with cost.

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 Kisumu Deputy Governor Dr. Mathews Owili{2nd Left} and Kisumu County Senator Fred Outa{Carrying a shepherd stick}celebrates after a High Court in Kisumu dismissed the election petition against Governor Prof. Nyong'o.The petition was filed by former Governor Jack Ranguma-Photo By Dickson Odhiambo.



By Dickson Odhiambo.

January 3, 2018.

Ranguma’s petition against Nyong’o dismissed with cost.

THE High Court in Kisumu has dismissed the election petition filed by former Governor Jack Ranguma challenging the election of Kisumu Governor Prof. Peter Anyang’ Nyong’o.

Kisumu High Court Judge David Majanja when delivering the Judgment today dismissed the petition with cost while awarding the all the three respondents in the petition.

The court ruled that the first and second respondents that is Independent Electoral and Boundaries Commission {IEBC} and Kisumu County IEBC Returning Officer respectively be awarded shs 2.5 million.

The court has further ruled that the third respondent who is the current Kisumu Governor Prof Peter Anyang’ Nyong’o be awarded shs 2.5 million.

“The respondents are awarded costs on the following terms: institutions fees for 1st and 2nd respondents are capped at ksh 2,500,000 and the institution fee for the third respondent is capped at Ksh 2,500,000,” Justice Majanja says during the judgment.

The Court further says that the cost shall be taxed and the total cost certified by the Deputy Registrar of the Court.

The Court adds that the certified costs awarded shall be paid out of the security deposit on a pro-rata basis.

“A certificate of this determination in accordance with Section 86{1} of the Elections Act, 2011 shall issue to the Independent Electoral and Boundaries Commission and the Speaker of the Senate,” the Court adds.

In the judgment, the Court says that the respondents could not be called to answer a case whose basis had not been pleaded or proved to the extent that it required them to answer, adding that the petitioner has failed to prove his case against the respondents.

“The totality of the findings I have made is that the petitioner has failed to prove his case against the Respondents. The petition is therefore dismissed.

Immediately after the judgment Kisumu Deputy Governor Dr. Mathews Owili, Kisumu County Senator Fred Outa and Kisumu Women Representative Rosa Buyu and their supporters burst into celebrations along the various streets of Kisumu City with songs and dance while praising the judgment of the High Court.

Dr. Owili has termed the judgment as a landmark and says they now have time to deliver on their various promises to the electorates.

Kisumu County Senator Fred Outa has termed it a major milestone, adding that the team of Governor Prof Nyong’o which is he says he is part and parcel is ready to deliver to the electorates.

ENDS:





  

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