Petition against Nyando MP Outa dismissed

 

Nyando MP Fred Outa with his supporters at Kisumu law courts on September 30, 2013. Photo/JACOB OWITI  NATION MEDIA GROUP

In Summary

• Petitioner alleged that Mr Outa of ODM had distributed the cheques to schools
• The Judge also dismissed allegations of broken seals found outside Ahero Multipurpose Centre
• Mr Okelo was ordered to bear the costs of the case, which the judge capped at Sh2 million

By ELVIS ONDIEKI

The High Court in Kisumu on Monday confirmed the election of Fredrick Outa as the Nyando MP, dismissing a petition filed by his rival Jared Okelo.

Mr Okelo had alleged that Mr Outa used the Constituency Development Fund (CDF) cheques as a campaign tool.

The petitioner alleged that Mr Outa of ODM had distributed the cheques to Ponge, Awasi, Yogo and Wang’ang’a Primary Schools among other institutions between February 2 and March 4.

But in his ruling, Mr Justice Aggrey Muchelule said the petitioner had not raised the matter with the Independent Electoral and Boundaries Commission (IEBC) at that time.

“The vigilance with which the petition was prosecuted, and the knowledge that the petitioner and his chief agents had on the electoral process, would not have allowed Mr Outa to do the alleged things without a formal protest or complaint being lodged against him to the Commission, or to the police. I am unable to find that Mr Outa used CDF money to campaign,” the Judge said.

The Judge also dismissed allegations of broken seals found outside Ahero Multipurpose Centre, where the constituency results were being tallied.

The petitioner claimed that the presence of seals was a clear sign of vote stuffing.

However, the Judge observed that there was no counting of votes that was going on at the tallying centre.

“How could ballot stuffing after the count and declaration of result help any candidate? This bit was not sustained by the petitioner,” the judge said.

Mr Okelo was ordered to bear the costs of the case, which the judge capped at Sh2 million. Both the IEBC and Mr Outa will get Sh750,000 each while ODM will get Sh500,000.