Court of Appeal to determine Homa Bay Gubernatorial appeal on July 19.

Homa Bay Governor Cyprian Owiti{C} consult with one of his Lawyers during the hearing of an appeal he has filed at the Court of Appeal in Kisumu against the High Court's decision that declared his election on August 8,2017 null and void.The Court of Appeal will determine the appeal on July 19 this year-Photo By Dickson Odhiambo.

By Dickson Odhiambo.

  

May 11, 2018.

Court of Appeal to determine Homa Bay Gubernatorial appeal on July 19.

THE Court of Appeal is set to determine on July 19 this year an appeal against the recent High Court decision that nullified the election of Homa Bay Governor Cyprian Awiti.

The Court is set to give the judgment on the appeal as from 9:00am on that day.

The three-Bench Judge will give the judgment in an appeal case filed by Governor Awiti who moved to the Court of Appeal challenging the decision of the High Court which declared his election on August 8, 2017 null and void due to irregularity during the election. 

The Case was petitioned at the High Court in Homa Bay by Joseph Oyugi Magwanga and the High Court  in February this year declared Awiti’s election as the Homa Bay Governor in last year’s general Election null and void.

During the hearing of the Appeal in Kisumu yesterday, the three-bench judge led by the Appellate Judge Justice Philip Waki, both parties made their submissions from 2:00 pm to around 7:00 pm when the court adjourned after announcing the date for the judgment.

The three Appellate Judges hearing the case are Justice Philip Waki, Justice Fatuma Chisale and Justice Otieno Odek.

During the hearing, the respondent’s lawyers urged the court to dismiss the appeal and declare the respondent the winner arguing that the High Court had found out that there was irregularity in regard to the election.

The Appellant’s lawyers argued that the issue of irregularity was not there during the polls hence wants the Court of appeal to overturn the high court decision that annulled the appellant’s win.

Lawyer Charles Kanjama represents the respondent who is Oyugi Magwanga while Lawyers James Orengo and Prof. Tom Ojienda represent the Appellant Cyprian Awiti, the Homa Bay Governor.

Justice Philip Waki while adjourning the Court session thanked Members of the public for being calm throughout the court session while listening to the proceedings of the appeal which lasted for almost five hours.

“I want to sincerely thank members of the public for being calm throughout during the court session while listening to the proceedings of the appeal before us here,” Justice Waki said.

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