The Court of Appeal on Thursday ,July12,upheld the election win of Turkana Woman Representative Joyce Emanikor as Turkana Woman Representive.
The ruling was made by a bench of 3 Judges who are : judges Erastus Githinji, Fatuma Sichale and Hannah Okwengu . In their sitting in Eldoret , they said the petitioner, Pauline Lokuruka, failed to substantiate claims of massive irregularities in the election.
The court said that there was no evidence to prove that the election was not free and fair.
The court also dismissed Pauline Lokuruka’s claims that three sets of results were announced by the electoral body IEBC.
In addition,the court dismissed the petitioner’s claims that some forms were not stamped.
Githinji while reading the ruling , he said,”There is no legal requirement for stamping of all forms. There was no evidence adduced to show that this impacted on the result of the election.”
After the ruling Joyce Emanikor and her supporters burst into song and dance.
Emanikor addressed the press outside the Appellate court and thanked the court for serving justice to the people of Turkana County.
She also said,”I call upon my sister Pauline and others to join me in working for the people of Turkana. The Judiciary has served justice to the people of Turkana.”
The court of appeal was also praised by Turkana Parliamentary Group Caucus chairperson and MP for Turkana North Christopher Nakuleu .
In the August 8, 2017 polls Joyce Emanikor of Jubilee Party garnered 53,131 votes whereas Pauline Lokuruka of ODM came second with 49,670 votes.
However, Ms Lokuruka successfully challenged Ms Emanikor’s win at the High Court leading to the nullification of the victory.
Judge Daniel Ogola Ogembo sitting at High Court in Lodwar on March 2 ruled that vital IEBC forms were not stamped.
Meanwhile, Lamu Senator Anwar Oleitiptip lost his seat on Thursday, when the Court of Appeal determined that there were irregularities in the August 8, 2017 poll.
Three Mombasa judges said the IEBC did not clear the irregularities before declaring the winner.
Judges Alvishram Nassir, Martha Koome and Wanjiru Karanja also said election laws were defied.
The ruling followed a petition by Hassan Albeity who came second in the election with a vote difference of 58 votes.
Karanja, who read the judgment, said the High Court erred in validating Oleitiptip’s election despite the irregularities.
“We are satisfied that the appealant adduced enough evidence which should have called for a vote recount,” she added.
The judge further said there was need to scrutinise votes at nine polling stations. She said were identified in line with the law and that the numbers at Kiangwe polling stations exceeded the number of registered voters.
Karanja told the IEBC and its officials to explain the disparity in the numbers and conduct a fresh election.
In addition,on Thursday ,July 12, the Court of Appeal has upheld the election win of Bowen Kangogo as Marakwet East MP on the basis that he was rightfully elected.
The election win of Kang’ogo August 8, 2017 had been nullified by the High Court after voter Sammy Kemboi said the August 8, 2017 vote was not fair ,free and transparent.
Thursday’s ruling was made by a three-judge bench led by justice Erastus Githinji who said that claims of massive irregularities and illegalities were not proved.
This comes just four months after the High Court in Eldoret nullified his election following a successful petition filed by former minister Linah Jebii Kilimo.
In the earlier ruling, Judge George Kimondo ruled that the August 8, 2017 election in Marakwet East was marred by serious irregularities, adding that the polls were neither accurate nor verifiable
“There was also no evidence that the final results may have been interfered with,” Githinji said.
Furthermore , the judges dismissed findings by High Court judge Kanyi Kimondo that two unregistered polling stations were used on voting day.
He said that the High Court relied on unpleaded evidence to nullify his election.
During celebrations after the ruling, the politician thanked the electorate saying he would not have made it into office without them.
Also,the Court of Appeal has upheld election win of Turkana East MP Mohammed Lokiru.
The ruling was made by a bench of 3 Judges who are: Judges Erastus Githinji, Fatuma Sichale and Hannah Okwengu in Eldoret.
The ruling which was made on Thursday , July 12, it stated that the petitioner who is the former MP of the constituency by the name Nicholas Ngikor, failed to provide sufficent evidence to prove his claim that the August election was full of irregularities.