Court of Appeal decides on Woman Rep’s fate in July
Turkana Woman Rep Joyce Emanikor will know her fate concerning the seat on July 12 when the Court of Appeal gives a decision.
Mrs Emanikor (right) of Jubilee had moved to the Appellate Court challenging Lodwar High Court’s decision in March this year which nullified her August 8 victory following a petition filed by Ms Pauline Lokuruka of ODM.
Mrs Emanikor garnered 53,371 votes against her closest rival Mrs Lokuruka’s 49,433 votes.
High Court Judge Daniel Ogola, in his ruling, said results in Forms 35A, IEBC portal and gazetted results did not match.
Justice Ogola said there were massive irregularities in the elections which compromised the credibility of the results.
In her submissions before Appellate Judges Erastus Githinji, Hannah Okwengu and Jamilah Mohammed, Mrs Emanikor urged the judges to overturn the High Court decision.
Through lawyer Katwa Kigen, Mrs Emanikor poked holes in the judgment that dissolved her victory, saying the judge erred in law. “The judge’s holding
‘that someone could have been manipulating results’ is, at most, speculative on the part of the judge,” Mr Kigen told the court. He termed the position of the court that there were “massive discrepancies” as an exaggeration
But Mrs Lokuruka, through lawyer Philip Nyachoti, maintained that there were irregularities, and urged the judges to dismiss the appeal.
Evidence tendered in court showed that his client’s opponent used government relief food to entice voters, giving her undue advantage, Mr Nyachoti added.
Lawyer Zephaniah Yego defended IEBC officials on accusations of failing to stamp Forms 35.