Court dismisses petition challenging Didmus Barasa's election win; petitioner to pay KSh2.1M fine

The High Court has dismissed a petition challenging Kimilili Member of Parliament (MP) Didmus Barasa's August 9 2022 election win. The petitioner had cited violence and murder of a voter as grounds for nullification of the results.

The court disagreed ruling that the violence and death did not interfere with the parliamentary voting process.

Justice Mary Kasango noted that the killing incident occurred outside Chebukwabi polling station after the polls had closed. Court ruled that Bryan Mandila Khaemba (petitioner) was not challenging the conduct of the voting system or IEBC officials.

"The altercation and the process that is pleaded in the petition occurred outside a polling station. No mention whatsoever is pleaded how those acts affected the rights of the electorate" court noted.

Consequently, the court slapped the petitioner with a KSh2.7 million fine.

“This will be a high price to pay to allow the allegation of election malpractice of criminal nature to proceed at the risk of affecting the murder trial in a separate court in the absence of evidence of the alleged malpractice being pleaded to show it affected the right of the electorates,” said the judge.

On the petitioner's claims that Barasa used government vehicles during his campaigns, the judge said that the court had no jurisdiction over the issue.

According to Justice Kasango, the Independent Electoral and Boundaries Commission (IEBC) and the Political Parties Dispute Tribunal (PPDT) are the bodies that can prosecute the allegation.

From the fine slapped on the petitioner, MP Barasa will get KSh1.1 million while IEBC and the Kimilili Returning officer will get KSh0.8 million each.