Bid to overturn Simiyu’s poll win tossed out

The High Court has upheld the election of Dr Eseli Simiyu as the MP for Tongaren constituency.

Mr Justice Francis Gikonyo, sitting in Bungoma, said the alleged anomalies were not sufficiently proven to nullify the results.

Justice Gikonyo said the petitioner made unproven generalised claims.

“The burden of proof rests with the petitioner. He was supposed to prove his allegations,” he said.

The judge ordered petitioner John Chikati to pay Sh4 million as cost of the petition.

Justice Gikonyo dismissed claims by the petitioner that the recruitment of polling clerks was flawed.

He said no evidence was produced to show how the recruitment of clerks affected the outcome of the poll.

He said that although the petitioner had established some non-compliance with the law, the errors did not affect the outcome of the election.

“It will be wrong to interfere with the will of the people of Tongaren constituency simply because of a few errors relating to non-compliance with the law,” he said.

Justice Gikonyo said that forms 35 and 36 contained a few errors but these did not affect the results.

Work with all the leaders
Dr Simiyu said after the verdict that he had been vindicated.

“The petition was driven by malice but I am happy that the ruling has vindicated me,” he said.

Dr Simiyu, who doubles as Ford Kenya party secretary-general, said justice had been served to him and the people of Tongaren.

The MP promised to work with all leaders, including those who challenged his election.

Dr Simiyu’s lawyer, Mr Cecil Miller, said that justice had been done to his client. Mr Chikati had claimed that the poll was marred by massive irregularities and that the election was not conducted lawfully.

This article was published by the DAILY NATION on October 2, 2013