The High Court has stripped Muhoroni MP James Onyango K’Oyoo of his nomination for the seat and replaced him with Prof Ayiecho Olweny.
Lady Justice Jessie Lessit declared Prof Olweny the validly elected candidate for the Muhoroni seat during the Orange Democratic Movement (ODM) primaries held in April 25, 2017.
At the same time, Justice Lessit convicted the chairperson of the Orange Democratic Movement (ODM) elections board Judith Pareno for contempt after failing to tabulate the results for five wards during the party primaries.
The judge had on June 2 ordered Ms Pareno and ODM to tabulate the results from all the five wards which forms Muhoroni Constituency and declare a winner after the exercise.
FAILED TO COMPLY
Justice Lessit said the Ms Pareno and the party failed to comply, forcing the court to tally the results of the primaries from all the 87 polling stations.
“This court tabulated the results and established that Prof Olweny had won the primaries by garnering 23,578 votes while the incumbent MP Mr K’Oyoo managed 13,700 votes,” ruled Justice Lessit.
The judge declared Prof Olweny the winner and directed ODM to issue him with the nomination certificate.
Justice Lessit cancelled the nomination certificate forwarded to the Independent Electoral and Boundaries Commission (IEBC).
“ I direct ODM to issue Prof Olweny with a nomination certificate then forward his name to IEBC as its valid candidate for Muhoroni parliamentary seat,” directed Justice Lessit.
Justice Lessit added: “In case ODM declines to furnish him (Prof Olweny) with a certificate, this judgement and the orders made therein shall be supplied to IEBC to serve as his nomination and gazettement as the candidate for the Muhoroni Parliamentary seat.”
The judge placed Ms Pareno on her defence to show cause why she should not be punished for contempt.
DEFYING COURT ORDER
Prof Olweny’s lawyer James Mwamu had prayed that Ms Pareno be handed down a six month jail term or be fined Sh5 million for defying a court order.
In her defence Ms Pareno apologised and said she attempted to comply fully with the court order by summoning the Returning Officer for Muhoroni Mr Peter Midega to present all the results for tabulation.
“I complied with the order of this court by tallying the results which have been relied upon by this court but in case I did not fully implement it, I urge the court to indulge me and give me a chance to comply fully,” Ms Pareno mitigated.
Justice Lessit will sentence her on Monday.