Siaya Governor ordered by appellant court to pay rival legal fees

Cornel Rasanga

BY MAUREEN ODIWUOR

Kisumu, Kenya: Malpractices committed by a section of Orange Democratic Movement politicians in the Siaya gubernatorial March polls has now cost the area governor.

Court of Appeal sitting in Kisumu ordered Governor Cornel Rasanga to pay his political rival William Oduol the cost he incurred in the election petition after finding that ODM team committed offences against him.

The ODM brigade comprised of Jakoyo Midiwo , Siaya Senator James Orengo, David Ochieng (MP Ugenya), Edwin Yinda and Aggrey Onyango.

Appeallate judges Patrick Kiage, Agnes Murgor and Sankale Ole Kantai said that the authenticity of Siaya Gubernatorial election results was massively dented with the election offences.

"We agree with Justice Aggrey Muchelule that the authenticity of the election results was severely and irreparably dented, and that the only recourse was to nullify the election of the Governor for Siaya County. The kind of irregularities, malpractices, bullying, mudslinging, unlawful propaganda, and dirty tricks attracted the high Court censure," they said in a judgment read on their behalf by justice Festus Azangalala.

Rasanga will know the amount of money to pay Oduol once the respective court registrars (High and Appeal courts) assess the bill of cost to be filed by Oduol.

The persons mentioned did not defend themselves from the offences, which are criminal in nature during the petition proceedings.

They were accused of invading Luthehe Market in Ugenya where Oduol was holding a rally and started campaigning against him.

"We cannot find fault with the learned judge's finding that Oduol's rally was invaded by the 'ODM brigade which was an offence," said Kiage.

The malpractices were also proved by a criminal case where Rasanga's campaigner Joseph Onyango pleaded guilty to the charges of forging Oduol's posters.

Rasanga was therefore ordered to pay costs for both the High Court petition and Appeal.