Rarieda Member of Parliament and advocate Otiende Amollo has come out to explain reasons for high fines imposed by the courts to election petition losers.
Speaking on NTV’s AM Live on Tuesday, Amollo said the high fines evidenced in recent petitions are explained by the set standards in the Constitution where petitions must be completed within six months.
“The costs of election petitions are advised by the Constitution which requires the petitions to be finalised within six months. Advocates, therefore, have to spend all their time in one case hence compensation must be reasonable,” said Amollo.
Amollo further stated that the courts’ decision to set a marker is aimed at regulating the costs to be paid by the petitioners.
“If the lawyers were left to dictate the costs, then they would be way higher than what the courts are quoting – factoring in the amount of time spent on the case, the travel expenses and the number of lawyers in one case," he added.
Amollo was the lead counsel for Busia Governor Sospeter Ojaamong whose election win was challenged by private petitioners in the county.
The case was thrown out on Monday by the Busia High Court with the petitioner being ordered to pay Sh8m in fine.
Some of the other petitioners who’ve been slapped with hefty fines include Wiper's Wavinya Ndeti who was ordered to pay Sh10 million after losing her petition against Machakos Governor Alfred Mutua and Narc Kenya leader Martha Karua who has been also ordered to pay Sh10 million after losing her petition against Kirinyaga Governor Anne Waiguru.
Karua has however moved to the Court of Appeal, requesting that the High Court ruling be quashed.
However, Amollo feels that the fines are reasonable considering the number of lawyers placed in one case and the fact that other respondents have to be paid too.