Nakuru Town West MP Samuel Arama. [Photo/Arama]
The high court in Nakuru on Thursday upheld the election of Nakuru West MP Samuel Arama of Jubilee.
High court Judge Grace Mumbi Ngugi ordered the petitioner, Dr. Isoke Ochoki, to pay Sh2.5 million to Arama and a further Sh2.5 million to the IEBC.
Ochoki of the Orange Democratic Movement (ODM) party had moved to court to challenge Arama’s victory claiming the election was marred by irregularities.
Arama however denied, at the Nakuru high court, allegations of voter bribery and electricity outage during the August 8 election.
Testifying before Justice Mumbi Ngugi, Arama said he won fairly and did not bribe voters nor switch off electricity at the constituency tallying centre as alleged by his rival.
He also told the court the allegations that he and Nakuru West sub-county administrator gave voters money in the August 8 morning "are lies generated by the losser".
In his application, Ochoki said the electoral process was marred with irregularities and inconsistencies in favor of Arama.
He wanted the court to order scrutiny and recount of votes cast.
Ochoki also wanted the court to declare him the winner if he is found to have garnered more votes.
Arama garnered 29,682 votes against Ochoki’s 25,071.
In Thursday’s ruling, Justice Mumbi Ngugi said that the petitioner did not provide sufficient evidence to prove claims of voter bribery, voter intimidation, inconsistency of serial numbers in form 35A, alteration of election papers and differences in entries.
The judge said that claims by the petitioner that his personal agents were barred from accessing polling stations lacked merit since in areas where he did not have personal agents; ODM agents were present and actually signed the relevant declaration form.
She concurred with evidence given by the IEBC those differences in serial numbers on forms 35A were necessitated by the need to keep paper count noting that there were variations in the results recorded.
Further the judge observed that variation of serial numbers was not intended to manipulate votes as the petitioner submitted.
Throughout the court session Ochoki sat next to his lawyers and did not address the media after the ruling.
Arama was not present in court as he was said to be engaged in other matters in Nairobi.
Immediately after the ruling, his supporters broke into song and dance prompting police to chase them away from the court precincts.