The High Court in Nanyuki has dismissed a petition challenging the election of Laikipia Governor Ndiritu Muriithi.
The petitioner, Mr Sammy Ndung’u, a voter, has also been slapped with a Sh12 million bill, being the cost of the suit.
In Nyeri, the High Court also dismissed a petition lodged against the nomination of MCAs.
Governor Muriithi and his deputy John Mwaniki, who had been named second and third respondents, were each awarded Sh4 million while a similar amount will go to the Independent Electoral and Boundaries Commission.
Delivering her one-hour judgment on Wednesday, Lady Justice Mary Kasango said Mr Ndung’u had failed to prove that the August 8 election was marred by irregularities and illegalities.
“I am satisfied that the election for the position of Laikipia governor was conducted within the written law relating to elections.
“The minor failures on Form 37A and 37B had no substantive effect on the outcome of the August 8 governorship election,” Justice Kasango said, adding that the law recognises that no poll can be 100 per cent perfect.
In his petition, Mr Ndung’u had cited several grounds for annulling the win among them being that some 5,000 people from Laikipia North Constituency did not vote, owing to crack downs to flush out illegal herders.
He also claimed that votes were inflated in favour of Mr Muriithi against his sole competitor Joshua Irungu.
Mr Muriithi, who vied as an independent candidate, got 100,356 votes against Mr Irungu’s (Jubilee Party) 98,349 votes.
In her judgment, Justice Kasango termed the allegations hearsay, pointing out that the petitioner failed to provide any evidence to support his claims.
Initially, a voter from Sosian Ward, Mr Dennis Leman, had joined Mr Ndung’u in filing the petition but withdrew before the hearing started.
An application for Mr Ndung’u to use the evidence by Mr Leman in the petition was rejected by the court.
Mr Muriithi welcomed the judgment, but Mr Ndung’u said he and his lawyers would be moving to the Appeal Court next week.
In Nyeri, 12 MCAs nominated by Jubilee survived an attempt to nullify their nomination after the court threw out a petition filed against them by seven residents.
However, Ms Millicent Cherotich’s nomination was invalidated following a discovery that she did not apply for the position.
Chief Magistrate Wendy Kagendo directed Jubilee and the IEBC to replace her and nominate a person with special needs.
Alternatively, Jubilee was asked to gazette her nomination in accordance with the law.
Jubilee had stated she was representing an ethnic minority, a category that is non-existent in the County Governments Act.