Nyamira Governor Amos Nyaribo got a major in after the court of appeal upheld his victory in last year’s general elections.
Nyaribo has for the second time won against his challengers after the high court equally ruled in his favour saying his elections were free and fair.
In a judgement delivered by the Kisumu appeal court, the court upheld the high court ruling that had been challenged saying the judge was right to uphold his win.
“The upshot is that the appeal as a whole lacks merit. It is accordingly dismissed with costs,” the court ruled.
Justices Patrick Kiage, Mumbi Ngugi and Joel Ngugi ruled that the high court judges analysis were measured and judicious.
“The irregularities, discrepancies, and transpositional errors did not, quantitatively, affect the results of the elections,” the court ruled.
The judges further said that the discrepancies were arithmetical in nature and not such as to change the results of the elections.
The court said the errors did not qualitatively, reach the threshold where the Court can, in context, conclude that the election was conducted so badly that it was not substantially in accordance with the law as to elections.
“Consequently, the grounds of appeal hinged on the argument that the elections were not conducted in substantial compliance with the law; or that the judge failed to apply a qualitative test in the disputed election fail as well,” the court ruled.
It was their view that the learned judge considered both the quantitative and the qualitative tests as he was required by section 83 of the Elections Act adding that both tests failed in the instant case, and correctly so.
“The learned judge also concluded that there was no systematic failure of process or advertent scheme to transfer votes from one candidate to another or otherwise thwart the will of the people of Nyamira County in the elections,” the court noted.
In the case, Dennis Ayiera who had lost at that high court had appealed the decision to uphold Nyaribo’s win.
Ayiera was the Nyamira County Elections Manager for the United Democratic Alliance Party (UDA Party) and the Chief Agent for one of the gubernatorial candidates, Walter Osebe Nyambati (Nyambati)
