A Busia Court on Monday, February 5, found the Independent Electoral and Boundaries Commission (IEBC) culpable of having acted ultra vires (without jurisdiction) and ordered it to meet the costs of the petitioner and 3rd respondent.
Chief Magistrate George Wakahiu, upheld the election of Busibwabo MCA George Busera (Independent candidate) saying the grounds cited by the petitioner Harrison Nyongesa, failed to meet the threshold to overturn the election results.
The Magistrate ordered the electoral body to pay the petitioner and 3rd respondent costs capped at Sh300,000 each for breaching the law.
"The IEBC had erroneously gazetted the petitioner as the winner of the Busibwabo Ward in the August 8, 2017, general election. It de-gazetted the petitioner based on a demand letter from the third respondent. The law is clear that in the event a candidate is gazetted by IEBC, whether genuinely elected or not, it is only the election court that can order for the de-gazettement of such a candidate and not the IEBC," he said.
Busera thanked the court for upholding his election results saying it was time to discharge his duties.
"I also welcome my son Nyongesa to join hands with me to develop the Ward. I don't have any witch hunt with my opponents," he said.
The petitioner however expressed dissatisfaction saying he would appeal the ruling.
"There were many glaring errors committed by IEBC including importation of voters and my gazzetement and de-gazettement. The best remedy would have been to nullify the results and order for the fresh election. I will appeal against the verdict," he said.
Residents carried Busera shoulder high outside the court as they supported the court's verdict.
Nyongesa's supporters were disappointed with the ruling.