Court rejects Wetangu’la, Bichage poll appeal cases

By Kevine Omollo and Robert Wanyonyi

Kisumu, Kenya: An appeal court sitting in Kisumu has dismissed appeals by former Bungoma Senator Moses Wetangula and former Nyaribari Chache MP Chris Bichage.

The two had separately filled appeals to challenge the nullification of their elections following successful petitions by their contestants over their election in the March 4, General Election.

A three-judge bench supported the High Court decision to strip the duo of their positions by upholding the previous ruling of High Court in Bungoma and Kisii respectively, that both senatorial and parliamentary elections in Bungoma County and Nyaribari Chache Constituency did not meet the threshold of electoral requirements.

Justices Festus Azangalala, Jamila Mohammed and Sankale ole Kantai dismissed the appeal by former Bungoma Senator Moses Wetangula terming the appeal as lacking merit.

Wetangula had lost his seat after his fellow contestant Muskari Kombo successfully challenged his election over claims of electoral malpractices.

While giving the judgment, Justice Jammila Mohammed said the appeal lacked merit and did not satisfy the court to overturn the High Court ruling, which cancelled Wetangula’s election.

 “After reading all the records and submissions by both the parties, the court finds no merit in the appeal and therefore dismisses it,” Mohammed read.

She said the detailed judgement will be read on January 31, 2014 at a venue to be decided by the court.

Elsewhere, Wetang’ula has accused the Jubilee Government for engaging in mass sackings against professionals from the Luhya community employed under the leadership of retired President  Mwai Kibaki.

 National cohesiveness

Speaking when he took his campaigns to Mayanja, Kibabii, Kanduyi, Sibembe and Bumula trading centres in Bumula County,  Wetang’ula complained that President Uhuru Kenyatta’s government is going against the spirit of national cohesiveness as enshrined in the Constitution.

Accompanied by Kakamega Senator Bonny Khalwale and MPs Chris  Wamalwa (Kiminini), Suleiman Murunga (Kimilili), Eseli Simiyu (Tongaren) and Wafula Wamunyinyi (Kanduyi), he accused the Government of making appointments based on individuals who hail from communities that voted overwhelmingly for it and appealed for fairness.