Chief Justice David Maraga on Friday gazetted more than 50
judges to hear and determine the more than 150 election petitions filed against
governors, senators and MPs.
In the notice, Justice Maraga has allocated some judges more
than four cases, while some judges from Nairobi have been deployed to other
stations outside the city to deal with the huge number of petitions.
The CJ also gazetted magistrates who will hear and
determined the 166 petitions challenging the election of MCAs across the
country.
In Bomet, the petition filed against Governor Joyce Laboso
will be heard by Justice Martin Muya. The case was filed by three Bomet voters.
The case filed against Nairobi Governor Mike Mbuvi Sonko
will be heard Justice Msagha Mbogholi. The case was filed by a voter, Japheth
Muroko.
Election petitions challenging governors, senators, and
woman representatives in Garissa, Wajir and Mandera will be heard by judges at
Milimani.
The petition challenging the election of Garissa Township MP
and also the Majority Leader in the National Assembly Aden Duale, will be heard
by Lady Justice Hedwig Ong’udi.
Other than Ms Laboso and Sonko, 30 other governors are
facing election petitions.
They include Mr Kiraitu Murungi (Meru), in a case filed by
his predecessor Peter Munya, Kirinyaga Governor Anne Waiguru in a case filed by
former Minister Martha Karua.
Others are Machakos Governor Alfred Mutua, Busia Governor
Sospeter Ojaamong, Martin Wambora (Embu), Ali Korane (Garissa), Cyprian Awiti
(Homa Bay), Joseph ole Lenku (Kajiado), Amason Kingi (Kilifi), and Kisii’s
James Ongwae.
Others include Prof Anyang’ Nyong’o ( Kisumu), Issa Timamy
(Lamu), Dr Alfred Mutua (Machakos), Ali Roba (Mandera), Ali Mohamed Mohammed
(Marsabit) and Zacharia Okoth Obado of Migori.
Taita Taveta Governor Granton Samboja as well Siaya Governor
Cornel Rasanga, Turkana’s Josphat Nanok and Trans Nzoia’s Patrick Khaemba will
also be facing election petitions in court.
Some 98 MPs are facing election petitions as well as 12
women representatives, 15 Senators and 166 MCAs.
The cases will have to be concluded with six months going by
the timelines set by the Judiciary. In Nairobi, nine MPs will be battling court
cases including George Theuri of Embakasi West, Lang’ata’s
Nixon Korir, Ruaraka’s Tom Joseph Kajwang, Kamukunji’s Yusuf
Hassan and Starehe MP Charles Njagua Kanyi.
In Kisii county, seven MPs have court petitions.
All MPs elected in Turkana, save for Loima and Turkana
Central have also to fight election petitions, while in Kakamega, 12 election
petitions have been field challenging the election of ten MPs.
Other MPs facing election petitions are John Waluke, who won
the Sirisia parliamentary seat on a Jubilee ticket, Babu Owino of Embakasi
East, Alfred Keter of Nandi Hills, Raphael Wanjala of Budalang’i and Ms Mishi
Mboko of Likoni.
All the seven law makers in Kilifi County, who won the seats
on ODM party ticket, are facing election petitions.
Senators facing election petitions include Moses Kajwang
(Homa Bay), Mr Cleophas Wakhungu (Kakamega), Prof Sam Ongeri (Kisii), Mr
Mithika Linturi (Meru), Mr Stewart Mwadzayo (Kilifi), Yusuf Haji (Garissa) and
Ledama ole Kina (Narok).
Justice Maraga has urged Judges and magistrates to ignore
legal and procedural technicalities, and determine the electoral disputes on
substantive issues. According to Mr Maraga, this was the cause that led to the
erosion of public confidence in the Judiciary.
