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Daily Nation : February 5th 2014
18 | THE COUNTIES NAIROBI | Judges say cases to challenge election should be filed 28 days after the results are declared Supreme Court lays down the law on poll petitions in Joho ruling Landmark ruling puts to rest inconsistency in the election rules and the Constitution BY EUNICE MACHUHI @EuniceMachuhi firstname.lastname@example.org AND VINCENT AGOYA A n appeal against Mombasa governor Ali Hassan Joho’s election victory was dealt a blow yesterday after the Supreme Court declared it was premised on a warped interpretation of the law. This means Mr Joho’s political rival, Suleiman Shahbal’s case which was pending in Malindi against the Governor and his deputy Hazel Nyamoki, cannot proceed following the verdict delivered yesterday in Nairobi. In the ruling, the court also pro- vided guidelines on filing of election petitions by stating and clarifying that they ought to be filed as soon as the results are declared. The court said that the 28-day timeline within which the petitions should be filed, strictly commenced as soon as the returning officer announced the results. The decision which was in respect to an appeal filed by Mombasa Governor Hassan Joho against challenger Mr Shahbal and the electoral commission, was in contrast to the previous position held by the High Court and Court of Appeal — that petitions could be filed 28 days from date of gazettement. But soon after the ruling, Mr Shah- bal issued a press statement saying that although he respected the decision of the court, he did not agree with the outcome. “We wish to point out that this sets out a very bad precedent where returning officers could be bribed or coerced to declare the wrong candidates as winners and set up long, time wasting and expensive court battles,” he said. KIAMBU Kabogo offers olive branch, asks for forgiveness Kiambu Governor William Kabogo has extended an olive branch to his political adversaries and asked for forgiveness from those he has wronged. Speaking during an interdenomina- tional prayer meeting at Ruiru town the governor appealed to leaders to join him in serving the cause that brought them to power instead of wasting time in unnecessary squabbles. The governor has been embroiled in a war of words with Thika Town MP Alice Ng’ang’a who organised demonstrations against new levies. Ms Ng’ang’a had marshalled the support of MPs Kimani Ichungwa of Kikuyu, Mburu Kahangara (Limuru), Kigo Njenga (Gatundu North) andFrancis Kinyua (Juja) and together they had paralysed payment of the newly introduced business levies in all the markets in the county. Mr Kabogo said it was unfortunate for the people of Kiambu to be treated to unnecessary drama every day. The prayers known as Kiambu County Peace Initiative were organised by Ruiru MP Esther Gathogo. They had brought together religious leaders from all churches and mosques in Ruiru constituency to pray for peace. The governor had early last week angered many when he questioned the capacity of unmarried women to offer proper and focused political leadership. Ms Gathogo called on elected lead- ers in the area to bury their differences and together serve the public which brought them to power a year ago. She pleaded with leaders in the area to seek God’s leadership and guidance in serving adding that those who fear God would never falter in their quest of serving the public. (KNA) DISPUTE Declaration of election results Section 76 of the Elections Act states: “Petitions shall be filed within 28 days after the date of publication of the results of the election in the gazette notice.” On the other hand, Article 87 (2) of the Constitution states: “Petitions concerning an election, other than a presidential election, shall be filed within 28 days after the declaration of the election results by the electoral commission.” The Supreme Court said: “Final declaration of results is by issuance of the certificate in Form 38 to the winner by the returning officer. Mr Joho’s application was anchored on grounds that the provisions of Section 76 (1) of the Elections Act and Article 87 (2) of the Constitution were FILE | NATION Mombasa Governor Hassan Ali Joho leaves the Mombasa Law Courts after he testified in the election petition filed against him by Mr Suleiman Shahbal in September last year. The Supreme Court ruled on the petition filed by Mr Joho yesterday. inconsistent, hence the High Court did not have any jurisdiction to hear the petition. While allowing the appeal, Justices Kalpana Rawal, Philip Tunoi, Mohammed Ibrahim, Jackton Ojwang and Njoki Ndung’u held that Section 76 was inconsistent with Article 87 of the Constitution, and therefore a nullity. Mr Joho, through his lawyers, ar- gued that Section 76 was inconsistent with Article 87 because it introduced the element of publication of results in the gazette whereas the Constitution simply provided for filing an election petition 28 days after declaration of the results by the IEBC. When the application was argued in the High Court, Mr Justice Fred Ochieng’ declined to strike out the petition, ruling that Section 76 was inconsistent with Article 87 and recommended an amendment to the either of the two statutes and declined to strike out the petition. Mr Joho then moved to the Court of Appeal and appellate judges Erastus Githinji, Milton Makhandia and Fatuma Sichale also declined to strike out the petition, although they differed with the High Court and stated that the two statutes were not in conflict with each other and consequently set aside the ruling order requiring the AG to amend Section 76 or Article 87. Yesterday however, the Supreme Court said that the Court of Appeal judges did not evaluate and consider all provisions of the Constitution and Elections Act and regulations. TO WATCH THE VIDEO GO TO www.nation.co.ke/joho DAILY NATION Wednesday February 5, 2014 COUNTY MOVES TO COURT OVER FORM ONE SELECTION Devolved unit wants admissions in area stopped and schools ordered to pick students afresh. P.22 BRIEFLY KISII Bank to invest Sh1.2b in water supply plan A German bank will invest Sh1.2 billion to modernise water infrastructure and sanitation in Kisii. The German Development Bank will fund the rehabilitation of 25 kilometres of the existing distribution system and construction of an additional 100km. Speaking during a courtesy call at Kisii governor James Ongwae’s (above) office, the board’s official Michael Opany said the project will be completed in 2016. KIRINYAGA Two die as pick-up truck lands in ditch Two people died when a pick- up truck they were travelling in rolled several times before landing in a ditch on the SaganaMakutano road in Kirinyaga County. Witnesses said the vehicle was ferrying bananas to Makutano from Kagio town when its rear left wheel developed a puncture. Area police boss Paul Odede said that they were investigating the cause of the accident. NAIROBI Shield us from goons, plead scheme settlers Members of the Ruai Settle- ment Scheme have appealed for police protection, claiming they were being attacked by hired goons who want them out of their land. They said despite a court order allowing them to settle on the land, a Nairobi politician had hired the goons to evict them. The more than 100 members yesterday held a demonstration in the city centre, calling for the arrest of the politician. KILIFI MP accuses police of harassing traders An MP has accused police of harassing traders. Ganze MP Peter Shehe told police to stop harassing and demanding bribes from women selling charcoal or mnazi. Mr Shehe was speaking at Tsangalaweni during a farmers’ field day. However, Kilifi police commander James Kithuka said he was not aware, but the matter would be investigated.
February 4th 2014
February 6th 2014