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| Hon Teddy Mwambire with his family and friends at Malindi high court for election petition judgement. PHOTO | Robert Chengo |
Malindi high court has upheld the Ganze legislature, Hon. Teddy Mwambire after Mr Mbaraka Kombe who is an ally to the former Ganze Mp Peter Shehe failed to testify what transpired on the elections by submitting evidence. The submissions did not convince the high court and Justice Erick Ogola made a final judgement and thew out the petition.
The judge said the petition by Mr Mbaraka Issa Kombe against Mr Mwambire failed to give detailed results and the date of the declaration which were mandatory as bound in the Court of Appeal decision in John Mututho vs Jayne Kihara case.
Justice Ogola directed Mr Kombe to pay Sh1,250,000 to the IEBC returning officer and another Sh1,250,000 to the Ganze MP as earlier indicated by Justice Otieno.
Mr Kombe, a member of the Jubilee Party (JP) and supporter of former Ganze MP Peter Shehe who lost the election to Mr Mwambire, had urged the court to dismiss the application saying it lacked factual foundation.
The final judgement comes after Lawyers Dennis Ben Mosota and Auko Otieno representing Mr Mwambire had argued the exclusion of date and results from itself as declared has rendered the petition defective.
The two lawyers got a victory today 15th November 2018, after Justice Ogola stated that the petition did not have much weight in regards to the submissions made by lawyer Mbaraka Kombe. The submissions did not point out the exact challenged outcomes and facts but it was based on assumptions, Theory, Conjecture and Speculations.[no-sidebar]
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