Peter Munya nd'o keshamumunywa hapa.

[Ab-Titchaz]

Talk of taking a 100% pay cut!...Over to you Supreme Court Judges.....


Peter Munya vows to appeal after judges nullify his election

Meru governor Peter Munya reacts after the Nyeri Court of Appeal nullified his election on March 12, 2014. PHOTO | JOSEPH KANYI NATION MEDIA GROUP

By ERIC MUTAI
[h=3]In Summary[/h]

• The appellate court noted that Meru High Court judge James Makau heavily relied on Mr Munya’s petition in making his judgement
• Mr Dickson Mwenda had challenged Mr Munya’s election on 36 grounds.

Meru Governor Peter Munya on Wednesday lost his seat after the Court of Appeal in Nyeri nullified his election.

The court said Mr Munya’s election did not meet the constitutional threshold.

Mr Justice Otieno Odek said errors discovered during the scrutiny and recount of votes in seven polling stations and the evidence of the county returning officer led to the conclusion that Mr Munya did not get the majority vote.

“We set aside the judgement of the High Court and all consequential orders made and declare the election of Meru governor null and void,” ruled the judge on behalf of his colleagues, Mr Justice Alnashir Visram and Jamila Mohamed.

The court also dismissed an oral application by Mr Munya to be given a seven-day stay before he moves to the Supreme Court.

Mr Munya vowed to go to the Supreme Court to contest the Court of Appeal ruling that nullified his election on Wednesday.

Speaking at Nyamachaki Primary School in Nyeri after the judgment, where 65 Meru County Assembly Members accompanied him in a show of solidarity, Mr Munya claimed that the court shifted the burden of proving the petition to him.

“The burden of proof should lie with the person who challenged the election, not the one who was declared the winner,” he said adding, he was perplexed by the ruling.

Mr Munya becomes the second governor to lose his seat through an election petition. Last year, Siaya Governor Cornel Rasanga was kicked out by the Kisumu High Court but bounced back in a by-election. (READ: Rasanga wins, Kalembe loses)

FAILED TO ANALYSE EVIDENCE

On Wednesday, the appellate court noted that Meru High Court judge James Makau heavily relied on Mr Munya’s petition in making his judgement.

The court noted that Mr Justice Makau failed to analyse the evidence and used similar phraseologies and numbers to Mr Munya’s.

“In this era of information technology, cut and paste cannot be a way of evaluating evidence. The coincidences are too glaring and the judge did not independently analyse the evidence,” Mr Justice Odek ruled. He added that the High Court failed to draw from the evidence of the county returning officer who had exposed some irregularities during the election.

Mr Dickson Mwenda had challenged Mr Munya’s election on 36 grounds, claiming that the elections were marred by malpractices. He said some agents did not sign forms 35 and there were alterations in some, which were not countersigned by agents.

“The electoral commission had said the errors were human caused by fatigue, but human errors cannot be a plausible excuse for all the irregularities exposed,” ruled the judge.

The court noted that the High Court ordered scrutiny and recount of votes in seven out of 953 polling stations and that the differences that emerged could have altered the results.

The appellant had said there were irregularities in 82 polling stations and accused the judge of bias in ordering scrutiny of only seven stations.

Mr Justice Odek noted that there was a margin of 3,436 votes between Mr Munya and his closest rival and that there were irregularities of 360 votes in the seven polling stations.

The court also found fault with the High Court in denying the appellant a chance to cross-examine the electoral commission and the Meru returning officer Fredrick Njeru on the contents of defective Forms 35 and 36.

Mr Munya was declared winner after winning 184,273 votes against Dr Mwiria’s 180,837 in the March 4, 2013 election.

Peter Munya vows to appeal after judges nullify his election - Politics - nation.co.ke

 

[Ab-Titchaz]

Supporters of Meru politician Kilemi Mwiria in jubilation outside Nyeri Law courts after the Court of Appeal nullifed Munya's election.

Meru politician Kilemi Mwiria celebrates outside Nyeri Law courts.

Supporters of Meru politician Kilemi Mwiria in jubilation outside Nyeri Law courts.

Meru governor Peter Munya reacts after Nyeri Court of Appeal nullified his election on March 12, 2014.
​

 

[Ab-Titchaz]

A motorcade belonging to Peter Munya leaves Nyeri Court of Appeal after the court nullified his election.

Dickson Mwenda, centre, a voter who filed the petition against the Meru governor's election.

Meru politician Kilemi Mwiria celebrates outside Nyeri Law courts

Meru governor Peter Munya reacts after Nyeri Court of Appeal nullified his election.
​

 

[Geza Ulole]

wa chama kipi?

 

[Jammu Africa]

A motorcade belonging to Peter Munya leaves Nyeri Court of Appeal after the court nullified his election.

Dickson Mwenda, centre, a voter who filed the petition against the Meru governor's election.

Meru politician Kilemi Mwiria celebrates outside Nyeri Law courts

Meru governor Peter Munya reacts after Nyeri Court of Appeal nullified his election.
​

This is the best thing,,ever to happen this year,,,i hated this Munya guy,,huyu mjamaa
ana kiburi,,,baada ya kuchanguliwa alijiona kama yeye ni Alexander the great.

Sasa ukweli umempata,,kwamba dunia ni duara.

Ni mmoja ya wale walio jitakia makuu,,hilo jina la,,your excellency,,yeye na wengine,,,
wakalipigania sana,,mbendera katika maghari yao,,,mabibi wao wakajulikana kama first
ladies,akawaharibia wafanya biashara ndogo ndogo manyumba yao ya biashara kwa
kizingizio cha kusafisha Meru town,,,,sasa mambo ni moto.

Kweli atachanguliwa tena.

Hizo ni ndoto tuu.

Wapili ningelitaka kumuona akilia ni,,his Excellency Isaac Ruto.:biggrin:

Your excellencies,,,,mambo ni,,elephant,,,Wambora,,huyo,,,,Munya
huyo,,,who is the next excellency ,,,wa kuvuliwa nguo????????

Senator mdomo kaya,,,, Masika Wetangula,, chake kimo motoni.

 

[Jammu Africa]

This is the best thing,,ever to happen this year,,,i hated this Munya guy,,huyu mjamaa
ana kiburi,,,baada ya kuchanguliwa alijiona kama yeye ni Alexander the great.

Sasa ukweli umempata,,kwamba dunia ni duara.

Ni mmoja ya wale walio jitakia makuu,,hilo jina la,,your excellency,,yeye na wengine,,,
wakalipigania sana,,mbendera katika maghari yao,,,mabibi wao wakajulikana kama first
ladies,akawaharibia wafanya biashara ndogo ndogo manyumba yao ya biashara kwa
kizingizio cha kusafisha Meru town,,,,sasa mambo ni moto.

Kweli,,,, atachanguliwa tena????????????????????????????

Hizo ni ndoto tuu.

Wapili ningelitaka kumuona akilia ni,,his Excellency Isaac Ruto.:biggrin:

Your excellencies,,,,mambo ni,,elephant,,,Wambora,,huyo,,,,Munya
huyo,,,who is the next excellency ,,,wa kuvuliwa nguo????????

Senator mdomo kaya,,,, Masika Wetangula,, chake kimo motoni.

Haya,,,,twende,,kazi,,,,,,,,,.