Petition Against Didmus Barasa Thrown Out

Didmus Barasa, the MP for Kimilili, may exhale a sigh of relief after a Bungoma High Court dismissed a petition against his election.

The court also fined the petitioner, Brian Khaemba, Sh2.7 million as a cost for the petition.

In her ruling, Justice Mary Kasango stated that Khaemba based his appeal on purported electoral violence but failed to establish how it influenced the results.

“This will be a high price to pay to allow the allegation of criminal election malpractice to proceed at the risk of interfering with the murder trial in a separate court in the absence of evidence of the alleged malpractice being pleaded to show it affected the right of the electorates,” the judge said.

The judge also denied the petitioner’s contention that the accused (MP) utilized official cars during his campaigning.

According to Justice Kasango, this was a matter that might be resolved by the IEBC or the Political Parties Dispute Tribunal (PPDT).

Barasa will now receive Sh1.1 million, with the IEBC and the Kimilili Returning Officer each receiving Sh0.8 million.

Khaemba accused Barasa of violating Section 6 of the Electoral Code of Conduct, which requires candidates to desist from electoral violence.

“Without any provocation, Barasa followed me as I was leaving Chebukwabi Primary School voting booth and instructed those he was with to prevent my vehicle from leaving,” said Khaemba in Court.