Anxiety as appeals court set to rule on Nyaribo's election

 

The Court of Appeal will on Friday deliver a ruling on a petition challenging Amos Nyaribo's election as Nyamira Governor.

The High Court had in February upheld Nyaribo's election but the aggrieved petitioner, Dennis Ayiera moved to the Court of Appeal.

After months of marathon hearings and submissions, the three-judge bench will on July 28 deliver its ruling.

In upholding Nyaribo's election High Court Judge, Kimondo Kanyi said the petitioner failed to table cogent evidence to quash the election.

Ayiera had urged the court to overturn Nyaribo's victory over massive irregularities in the August 9, 2022 General Election.

However, Justice Kanyi ruled that the elections were conducted freely, fairly and in accordance with the Constitution.

The judge held that the petitioner failed to provide evidence beyond reasonable doubt that would warrant the cancellation of Nyaribo's victory.

According to the High Court judge, just like in any election, the Nyamira gubernatorial election was not perfect.

He, however, observed that the anomalies noted did not meet the threshold to overturn Nyaribo's win.

"The totality of any anomalies could not affect the outcome of the elections, since there is no election that is perfect," Justice Kimondo said.

In his affidavit, the petitioner had alleged that Nyaribo’s election was not conducted in accordance with the law and that the IEBC did not conduct a free, fair and transparent election.

Ayiera in his petition challenged the election and asked the court to order scrutiny and recount of votes.

The complainant further claimed many errors denied UDA governor candidate Walter Nyambati's victory.

He also claimed that there was an alteration of vote tallies, especially in form 37C, saying that handed Nyaribo an unfair victory in the polls.

“IEBC maintained that the election was conducted in accordance with the Constitution and in accordance with the law and hence the petition is hereby dismissed with costs,” Justice Kimondo had said.

The petition was filed on September 7, 2022.

Nyaribo, who contested on a United Progressive Alliance party ticket, was announced the winner with 82,090 votes.

United Democratic Alliance Nyambati garnered 49,281 while former Kitutu Masaba MP Timothy Bosire of ODM came third with 35,671 votes.       BY THE STAR