High court has dismissed an election petition by former nominated senator Elizabeth Ongoro against Ruaraka MP Tom Kajwang’.
While delivering the judgment, Justice Richard Mwongo termed the petition baseless as the petitioners failed to prove their allegations to the satisfaction of the court.
“The allegations by the petitioners have not been proved hence I find no election offences by the respondents,” ruled Justice Mwongo.
On the issue of Ongoro’s party (ANC) agents being denied entry into the polling stations, the judge said the party never presented any evidence to show that their agents were denied entering the stations.
Justice Mwongo also ruled there was not enough evidence to prove allegations of harassment.
“The petitioner did not furnish the court with names of agents alleged to to have been harassed, neither did her chief agent,” said the judge.
He added that the absence of agents in a polling station cannot invalidate an election adding that agents who refuse to sign the form ought to record the reasons.
Ongoro suffered another blow after the judge also ordered her to pay the respondents Sh 6 million as costs.
While addressing the media after the judgment, Ongoro said she felt relieved even though she was not satisfied with the judgment.
She said she would not be appealing the decision and will instead focus on her family and plan her next political step.
In the petition, Ongoro wanted Kajwang’s will nullified on grounds that it was not conducted in accordance with the law.
She also wanted IEBC ordered to conduct fresh election in Ruaraka constituency for member of the National Assembly.
Ongoro argued that in last year’s August 8th general election, there was violence, intimidation and harassment by Kajwang’ and his supporters.
She ha accused him of even using sexist remarks on her and her female supporters thereby intimidating them making them not to vote.
