Court of Ap­peal de­cides on Woman Rep’s fate in July

Daily Nation (Kenya) - - COUNTY - BY TI­TUS OMINDE

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.

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