Court has dismissed a petition case challenging the election of Godfrey Osotsi as Vihiga Senator. Justice Joseph Karanja of Vihiga High Court dismissed the case with costs, ruling that the petitioner, James Babira Ndeda, failed to provide substantial evidence for the case proceed to hearing.
The judge also ruled that petitioner Ndenda failed comply with the legitimate procedures while filing the case.
The outspoken Osotsi was announced the winner in the August 9 general elections after garnering 62,798, followed by the petitioner Ndeda who garnered 25,406. Enos Butiko had 24,666, Jackson Swadi 23,911, Sisco Mbindi had 16,687, Imbuki Kennedy had 5,535, Sultan Madaga 4,318, David Abwao 4,115 votes, Agufana Alfayo 3,180, Amiani Eunice 3,257, Kweya Kennedy managed 1,460, Majani Tyson 2,365 and Leonard Ongandi came last with some 2,225 votes.
Osotsi while celebrating the dismissal of the petition said he knew the case would not go anywhere because it lacked merit and substantial evidence to advance to full hearing.
“I was not worried because I knew the case will die on the way. When I looked at the case, it lacked merit, and that is why the High Court has dismissed it,” said Osotsi.
He was presented by lawyer Jackson Awele WHO said the petition challenging his client’s victory was struck out for failing to meet the required threshold. Ndeda filed the petition on September 8 2022 but failed to meet the requirements as per the court statutes which includes paying security fee for the case to have any future in court.
“Once you file a court case relating to elections, you have to pay security cost within 10 days of which Ndeda’s team failed to do on time,” Awele said.
Awele added that the petitioner also failed to serve Osotsi’s office with court case documents on time but only did so on September 27 after they forced him.
“Once someone files a case against you, he or she has to serve you as a respondent with those court documents within the required timeframe to give you room for preparation, something they did failed to do,” he added.
He further claimed that they only learned about Ndenda’s petition case through the media which is contrary to the law. Independent Electoral and Boundaries Commission (IEBC), Vihiga County returning Peter Tiyo were listed as first respondents and Senator Osostsi as second respondent.
