Win for Osotsi as High Court dismisses case
By Enock Amukhale, November 4, 2022
A judge has dismissed an election petition challenging the victory of Vihiga Senator Godfrey Osotsi for lack of merit.
Vihiga High Court judge Justice Joseph Karanja dismissed the case with cost yesterday, ruling that the petitioner, Babira Ndeda, had no substantial evidence to enable the case to proceed to a full hearing.
He also found that the petitioner failed to comply with the legitimate procedures while filing the case.
In the August 9 general elections Vihiga senatorial race, Osotsi was declared the winner with 62,798, followed by the petitioner Ndeda with 25,406.
Lacked merit
Enos Butiko had 24,666, Jackson Swadi had 23,911, Sisco Mbindi had 16,687, Imbuki Kennedy had 5,535, Sultan Madaga had 4,318, David Abwao had 4115, Agufana Alfayo 3,180 Amiani Eunice had 3,257, Kweya Kennedy had 1,460, Majani Tyson had 2,365 and Ongandi Leornard had 2,225.
Osotso while reacting to the ruling said he knew the case will not go far because it lacked merit and substantial evidence to advance to a hearing.
“I was not worried because I knew the case will die of arrival. When I looked at the case it lacked merit and that is why the High court has dismissed it,” said Osotsi.
Osotsi’s advocate Jackson Awele said the petition challenging his client’s victory was struck out for failing to meet the threshold.
The petition was filed by Babira Ndeda on September 8, 2022.