The High Court has dismissed a petition challenging the election of Homa Bay Governor Gladys Wanga in the August 9 General Election and slapped the petitioner, Dr. Evans Kidero with a cost of Ksh 3.5 million.
Kidero, the former Nairobi County Governor had contested the victory of Governor Wanga citing irregularities in the elections exercise.
In the petition, Kidero sued the Independent Electoral and Boundaries Commission (IEBC), Homa Bay County Returning Officer Fredrick Apopa, Wanga, Deputy Governor Oyugi Magwanga and ODM party as the first, second, third, fourth and fifth respondents respectively.
Wanga was declared the winner with 244,559 votes against Kidero’s 154,182 votes in the gubernatorial race.
During the online court judgment delivery, the presiding Judge Justice Rosyline Aburili argued that Kidero failed to prove the allegations and could not convince the court with evidence.
The judge admitted that there were some minor irregularities that were not significant for the election results to be nullified by the court, giving the example of Rapedhi Polling Station in Kanyadoto Ward of Ndhiwa Constituency where it was discovered that 14 ballot papers were not stamped.
She declared that Wanga was validly elected as the governor of Homa Bay and dismissed Kidero’s petition due to lack of evidence.
“The petitioner is ordered to pay Ksh.2.5 million for the 3rd, 4th and 5th respondents (Wanga, her Deputy Oyugi Magwanga and ODM) and another Ksh.1 million for the IEBC (first respondent),” stated the judge.
The judge also appealed to Governor Wanga and Kidero to extend an olive branch to each other for the sake of peacebuilding in the county.