BY SAM ALFAN.
High court has upheld the election of Orange Democratic Movement Ruaraka Member of Parliament Tom J .Kajwang.
The court dismissed the Petition filed by nominated senator Elizabeth ongoro challenging the election of Mr kajwang
Justice Richard Mwangi said there was no evidence adduced that warrant nullification of election.
Court rules that none of the witnesses gave evidence or testified that they were denied access to the polling stations.
Justice Mwongo ruled that the video evidence produced before the court was on no value since it did not show the burning of ballot papers and affected the outcome of the results as alleged by Ongoro.
“I’m unable to find that there was massive irregularities in the forms 35 in the 80 polling stations as alleged by the petitioner” ruled Mwongo.
Elizabeth Ongoro challenged the election petition against his rival Tom Kajwang who defeated him in the race for Ruaraka MP.
Kajwang (ODM) got 32,190 votes against the 28,127 Ongoro (Amani National Congress) managed in the tough contest.
In the election petition, Ongoro, who was a Nominated Senator, says massiveirregularities marred the MP vote.
“With impunity, Kajwang contravened the rule of law and the principles of conduct of a free and fair election through the use of intimidation, coercion and improper influence of voters.”
She wants the court to declare that the non-compliance, irregularities and improprieties in the race were substantial and so significant that they affected the outcome.