A tense courtroom burst into ululation in Kajiado when a presiding magistrate in election petition case upheld Kitengela ward MCA Paul Matuyia’s win in the August 2017 general election.
Jubilee Party’s Nixon Karaine election petition case against Matuyia that sought annulment of his election over allegation of malpractices was thrown out by Kajiado chief magistrate Susan Shitubi.
In her judgment, Shitubi said Karaine’s petition lacked merit, and “appeared to have been rushed to the courts before proper research was done.”
“This petition was hurriedly drawn and it clearly misses the point. The issues raised by the petitioner against the first respondent cannot merit an annulment of an election. I therefore declare here that Matuyia was validly elected by the people of Kitengela ward,” ruled Shitubi.
Shitubi further alluded that the petitioner did not expound on the so called malpractice issues that he claimed they hindered a free and fair electoral process.
She dismissed the petition with costs but did not give the guidelines on how the cost will be shared between the respondents.
The magistrate gave all the parties leave to decide on the loot but cautioned that the petitioner should not be burdened beyond “human understanding”.
It means that Matuyia and the Independent Electoral and Boundaries Commission will have to seat and decide how they will bill Karaine with the understanding that the matter was not a high court case.
Karaine, in his response through his lawyer said he will appeal against the judgment.