338 election petitions rekindle rivalry across political divide

Lawyer Gitobu Imanyara (right), leaving the Kerugoya law courts in the company of his client Martha Karua (left) after she filed a petition seeking to overturn the election of governor Anne Waiguru. [PHOTO:MUNENE KAMAU/STANDARD]

The nullification of the August 8 presidential election opened up the flood gates that has resulted in a record 337 petitions filed in the High Court and the magistrates’ court.

While the applicants cite a number of irregularities and illegalities, the sheer number of petitions has also rekindled ‘in house’ rivalry within the two major political parties of NASA and Jubilee.

Of the 47 counties, 31 governors are facing cases, according to the final list of petitions published in a special gazette notice yesterday.

A record 15 petitions have been filed against senators, 12 against woman representatives and 98 for MPs. Another 129 are challenging elected MCAs with 49 filed against the nomination list by political parties.

Ballot stuffing

In Kisii and Wajir, two petitioners have filed separate petitions to challenge the election of governors James Ogwae and Adow Mohamed Abakar respectively. In Mombasa, former Senator Hassan Omar has petitioned against Governor Hasan Joho.

Omar, who has fallen out with NASA, cites a number irregularities including ballot stuffing to secure a win for Joho. When he decamped from NASA, the former Wiper secretary general accused his party leader Kalonzo Musyoka of refusing to endorse him and instead supporting Joho.

“I want this honourable court to order the scrutiny and vote recount of all ballot votes cast in all polling stations, the KIEMS kit and the print and manual register used in the election,” said Omar.

The former senator came third with 44,000 votes behind Jubilee’s Suleiman Shahbal and Joho. In Kirinyaga, the iron lady of Kenya’s politics Martha Karua has challenged the election of Governor Anne Waiguru in what is seen as unrelenting battle for supremacy between the two. Karua wants Chief Justice David Maraga to constitute a three-bench judge to hear her petition.

“Since the Supreme Court nullified the presidential elections on September 1, the same should apply across the board. The malpractices, irregularities and other related issues cited in Raila Odinga’s successful petition that led to the nullification of the election of President Kenyatta applies from the MCAs, senators, MPs, woman representatives to governors,” she said through her lawyer Gitobu Imanyara.

Vote recount

In neighbouring Embu County, former Senator Lenny Kivuti (MCC) has petitioned the re-election of Governor Martin Wambora (Jubilee).

The two have been fighting since 2013 with no clear end in sight. Governor Wambora survived several impeachments in his first term but made it back amidst a serious onslaught from Kivuti.

In Mandera, Hassan Noor (EFP) has filed a petition against Governor Ali Roba (Jubilee). The EFP party supported Uhuru’s re-election but fielded candidates against Jubilee in the other elective seats.

Former Embakasi MP Irshad Sumra (ODM) has challenged the election of Musili Mawathe of Wiper. Mr Mawathe got 33,880 against Sumra’s 33,708. Sumra now wants a recount.

Kanu and Jubilee have locked horns over the Wajir senate seat. Adow Mohammed Abikar of the independence party is challenging the election of Abdullahi Ibrahim Ali.