When Maraga's court (Court of Appeal sitting at Kisumu) nullified the election of Migori Governor (ZACHARIA OKOTH OBADO), we celebrated the birth of Judicial democracy. We did not even consider that the High Court sitting at Homa Bay had given Obado's election a clean bill of health. When the euphoria died down, however, Obado appealed the decision and the Supreme Court (then) made for very interesting findings. Paragraph 151 of the ruling that upheld Obado's election was especially interesting....
[151] .........The appellate Court, we would hold, made an error by overruling the finding of the trial Court, and making findings on previously-undisputed matters. It is worthy of note that the trial Judge, after deciding as he did, considered the effect of the irregularities on the election results, and found that these irregularities did not affect the declared result, the declared winner was still in the lead, and the candidate falling in the second position (1st respondent herein) retained that position. In these circumstances, there was no basis for the appellate Court overturning the trial Judge’s decision........
In that election the numbers were as follows:
Zacharia Okoth Obado garnered 123,821 votes
Edward Akong'o Oyugi garnered 123,658 votes
The race was hotly contested, a far cry from the thrashing Raila received from Uhuru. It is not the first time the vote is being ignored on the basis of ....only Maraga knows what...... The only difference is that, now, there is no reprieve. The decision upholding Obado's election was unanimous, much like the Raila Odinga decision of 2013. Of the seven judges who made the SCOK then, only three remain:
1. Njoki Ndung'u
2. Jackton Ojwang'
3. Smokin Wanjala
Do you see what I am saying? Villagers, the forum is open, your learned opinions are welcome........
(Find attached the full ruling that declared the ruling of Maraga's court null and void!)
[151] .........The appellate Court, we would hold, made an error by overruling the finding of the trial Court, and making findings on previously-undisputed matters. It is worthy of note that the trial Judge, after deciding as he did, considered the effect of the irregularities on the election results, and found that these irregularities did not affect the declared result, the declared winner was still in the lead, and the candidate falling in the second position (1st respondent herein) retained that position. In these circumstances, there was no basis for the appellate Court overturning the trial Judge’s decision........
In that election the numbers were as follows:
Zacharia Okoth Obado garnered 123,821 votes
Edward Akong'o Oyugi garnered 123,658 votes
The race was hotly contested, a far cry from the thrashing Raila received from Uhuru. It is not the first time the vote is being ignored on the basis of ....only Maraga knows what...... The only difference is that, now, there is no reprieve. The decision upholding Obado's election was unanimous, much like the Raila Odinga decision of 2013. Of the seven judges who made the SCOK then, only three remain:
1. Njoki Ndung'u
2. Jackton Ojwang'
3. Smokin Wanjala
Do you see what I am saying? Villagers, the forum is open, your learned opinions are welcome........
(Find attached the full ruling that declared the ruling of Maraga's court null and void!)
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