Three Nyanza governors are bracing for a gruelling week ahead when they appear in court to defend their electoral victories for the second time.
Lawyers representing governors James Ongwae (Kisii), John Nyagarama (Nyamira) and Okoth Obado will be hoping to convince the Court of Appeal that their election on August 8, 2017 was credible.
The appeal challenging Mr Nyagarama’s election victory will be heard first on Monday while those involving Mr Ongwae and Mr Obado will start on Tuesday and Thursday respectively.
Mr Walter Nyambati is attempting for the second time to overturn Mr Nyagarama’s win few months after High Court Judge James Makau quashed his petition.
In his judgment, the judge had ruled that the petitioner failed to produce evidence to support his allegations with most of them being based on mere suspicion.
Justice Makau ruled that the irregularities found during the scrutiny were insufficient to invalidate Mr Nyagarama’s victory.
Mr Nyambati of Jubilee Party was Mr Nyagarama’s closest rival. Mr Nyagarama garnered 65,161 votes against Mr Nyambati’s 58,936.
But in his appeal, Mr Nyambati said: “The trial Judge dismissed the case unfairly by failing to consider the evidence adduced before him.”
Mr Joel Makori Onsando is also appealing Mr Ongwae’s victory citing massive irregularities in the polls that he claimed the High Court overlooked.
He insists that there were a string of electoral malpractices that compromised the outcome of the Kisii governor’s race last year.
In Migori, former minister Ochillo Ayacko is hoping to overturn Governor Okoth Obado’s win.
BENCH
There are two benches hearing the appeals. The Kisumu bench comprises Justices Hannah Okwengu, Jamila Mohammed and Erastus Githinji while the other is a Nairobi bench steered by Justices Phillip Waki, Sichale Fatuma and Justice Otieno Odek.
The judges from Nairobi were deployed to assist the Kisumu bench in hearing more than 14 appeals filed by various dissatisfied politicians who lost in the High Court.
Already, the court has heard appeals challenging the election of Kisumu Governor Anyang’ Nyong’o and his Homa Bay counterpart Mr Cyprian Awiti and dates set for judgment on June 19 and July 19 respectively.
Mr Awiti is fighting for his seat at the Court of Appeal after High Court nullified his victory following a successful petition by his rival and former Kasipul MP Mr Oyugi Magwanga.
Should the Appellate Court uphold the High Court ruling, Mr Awiti’s chances for being subjected to a fresh election will be high unless he successfully argues his case in the Supreme Court.
Apart from the governors, Ugenya MP Christopher Karani is pegging his hopes on the Court of Appeal to evade a fresh election after his victory was nullified after a successful petition by his predecessor Mr David Ochieng.
The election petitions are supposed to be completed within six months from the date the records of appeal were filed.