Court upholds Bomet senator’s win

By Nikko Tanui

BOMET, KENYA: Bomet Senator Wilfred Rotich Lesan was duly elected, the High Court in Kericho has ruled.

Kisumu High Court Judge Aggrey Muchelule sitting in Kericho said that under section 86(1) of the Election Act he was certified that the allegations made in the petition filed by Kanu Secretary-general Nick Salat challenging the election of Lesan as the Bomet senator had not been proved.

“Considering all the facts this petition has presented and weighing them against the Constitution and the legal principles applicable, I return the verdict that the voters of Bomet county expressed their will and validly chose prof Lesan in an election that was free, fair and credible” said Muchelule.

He added that the results that showed Salat as the runners up were accurate. “The consequence is that the petition is devoid of any merit and is hereby dismissed” Muchelule stated.

The high court judge also slapped the cost of the petition on Salat “Cost normally follow the event and there is no reason why this should not be the case, I order the petitioner pays the cost of the petition. Such cost shall be taxed by the Deputy Registrar, if it has not been agreed upon” said Muchelule.

The judge said he had generally narrowed the evidence presented before the court by Salat and his witnesses into two; The first limp of the evidence was over the complains that, in various polling stations, the votes cast exceeded the registered voters, stations where voter turnout was remarkably lower than the average and polling stations where the petitioners votes were excessively understated and Lesan’s votes irregularly and unfairly overstated.

These happened at Nyatembe, Sigor, Kapoleseroi,Kesosio ,Kimindil,Kabema,Kapsio ,Kyogong,Cheboriot,Kipsegon,Mismis,Kiplegei,Kataret,Kamogoboi,Chebunyo,Kaptorokwo,Kaptumoi, Highland, Kimananga and Chemagel polling station in chepalungu constituency .