Blow to Awiti as Court of Appeal Dismiss his case.

 Joseph Oyugi Magwanga celebrates with his supporters after the Court of Appeal has today dismissed an appeal by Governor Cyprian Awiti where he challenged the High Court's decision that nullified his win on August 8 last year's polls-Photo By Dickson Odhiambo.

By Dickson Odhiambo.

July 19,2018.

Blow to Awiti as Court of Appeal Dismiss case.

The Court of Appeal has dismissed an Appeal case by Homa Bay Governor Cyprian Awiti where he had challenged a High Court’s decision that nullified his August 8 last year's Election.

Three Appellate Judges Justice Phillip Waki,Justice Fatuma Sichale and Justice Otieno Odek has upheld the High Court's Decision that nullified Awiti's election this year  in February after  Joseph Oyugi Magwanga successfully challenged it at the High Court in Home Bay.

The Court has said the merits used by the High Court to declare the election of the Appellant were valid.

Reading the Judgment on behalf of her colleagues, Appellate Judge Justice Fatuma Sichale said in their 120 page judgment that the appeal has been dismissed because it has no merit.

The Court has ordered for a fresh election as earlier ruled by the trial court which had declared Homa Bay Governor's election null and void.

The Court said it has no jurisdiction to prove who the winner in that election is but maintained the trial Court's decision that nullified Awiti's win.

However, the court has ruled that it cannot declare the first and second Respondents in the appeal as the Winner of the election since the issue of scrutiny and vote recount that was ordered by the Trial Court did not show that the 1st and 2nd respondents were winners.

Immediately after the Judgement, supporters of the Oyugi Magwanga burst into celebrations where they sung and danced while praising Magwanga as a hero.

Magwanga while addressing the press immediately after the Judgment termed it as a fair one and welcomed it.

He said the court of Appeal has confirmed that the election held on August 8 last year was not conducted in accordance to the constitution and other election related laws.

"Let us go back to the people and seek fresh mandate through the election as ordered by both the High Court and now the court of Appeal," Magwanga said.

Homa Bay Governor Cyprian Awiti had moved to the Court of Appeal to challenge the High Court’s decision that on February 20 this year nullified his election that was held in August 2017 after an Independent candidate and former Kasipul MP Oyugi Magwanga petitioned the outcome of the election at the High Court in Homa Bay.

The Court of Appeal’s decision to uphold the High Court’s judgment now means that the residents of Homa Bay County will go for another election to elect their Governor after both the Appellate and High Court have ordered for a fresh election.

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