The Appeals Court sitting in Nairobi has dismissed petitions challenging the election of Starehe Member of Parliament Charles ‘Jaguar’ and Embu Governor Martin Wambora.
Jaguar’s victory was being challenged at the Appellate Court by millionaire businessman Steve Mbogo after the High Court ruled he was validly elected.
In its decision, the High Court said Mbogo did not provide sufficient evidence to prove there was malpractices and dismissed the case.
In a ruling on Friday, Appeals Court Justice Agnes Murgor said the lower court failed by not ordering for a recount of votes but noted that there was no prove of major irregularities to warrant a nullification of Jaguar’s election.
“The High Court Judge misapprehended the law on the issue of failure to demand for a recount at the polling station,” Justice Murgor said.
Mbogo’s appeal was dismissed and the costs reduced from Sh10 million to Sh4 million.
The second highest court in the land also upheld the election of Embu Governor Martin Wambora. Wambora moved to the Appellate Court after High Court nullified his election in February in a petition filed by former Embu Senator Lenny Kivuti.
In a decision on Friday, Appellate Court’s Justice Fatuma Sichale reversed the ruling made by the lower court. The judge said irregularities noted in Wambora’s election were minor and therefore not enough to call for an invalidation.
