Kakamega Senator Cleophas Malala at past function [Photo/the-star.co.ke]
Kakamega Senator Cleophas Malala has been handed a reprieve after a High Court in Kisumu dismissed an election petition seeking for the nullification of his win in the August General polls.
In his ruling on Thursday, Judge Thripsisa Cherere struck out the case filed by Malala’s rival, Seth Panyako on grounds that the latter failed to adhere to the requirements of the court. Cherere ruled that Panyako did not present the court with an affidavit to back his plea in regard to the results declared during the exercise.
The Independent Electoral and Boundaries Commission (IEBC), Kakamega county returning officer and the senator appeared in court as the first, second and third respondents respectively.
Panyako wanted the election nullified, citing massive illegalities and irregularities. In his defense, he told the court that Malala’s win did not reflect the will of the people of Kakamega, and he wanted the IEC to conduct a by election in the county as per the constitution.
The Judge, however, ruled that the case cannot proceed after the complainant failed to meet the deadline of 10 days required to deposit security for the payments of costs. The first term senator replaced former Senator Boni Khwalale who unsuccessfully contested for the gubernatorial seat.