The Malindi Law Court has dismissed an election petition challenging Ganze Member of Parliament Teddy Mwambire's August 8, 2017 win.
While reading the 60-page judgement on Thursday, Justice Eric Ogolla said the irregularities that the petitioner Mbaraka Issah Kombe alleged were committed by the respondents, did not affect the results that were declared.
The judge added that the petitioner could not substantiate bribery claims by the fourth respondent, Mr. Mwambire, adding that the petitioner failed to identify voters who had allegedly been bribed.
He added, “I disagree with the petitioner that form 34B that was used to declare the fourth respondent as the winner was invalid for lacking the registered voters’ column. Bearing that some officers spent sleepless nights due to the exercise and were left fatigued, human errors were likely to occur including omission of the column.”
The judge said that the registered voters column was not necessary in the form 34B for the figure of registered voters can be obtained from form 34A, hence non-conformity of the forms cannot affect the results.
“I hereby rule that the fourth respondent was validly elected, and the petitioner has to bear the burden of the costs of Ksh2.5 million. Ksh1.5 million to be paid to the first and third respondent IEBC and Returning Officer respectively and Ksh1 million to the fourth respondent,” he added.
Addressing the press outside the Court after the ruling, Mwambire who was surrounded by his supporters promised to build a school in Ganze as an appreciation for winning the petition.
Mwambire said "the court has decided the people of Ganze to prepare for another election in 2022, not February next year.”
Kwale senator Issa Juma Boy who was in solidarity with the MP asked for a handshake and unity between the petitioner and the MP for the betterment of the people of Ganze.