Mwakyembe’s election rival loses petition, to foot costs
Former Chadema parliament seats candidates for Rungwe, John Mwambigija (second left) and for Vwawa, Fanuel Mkisi(second right) at Mbeya High Court in Mbeya Region, challenging the victories of their CCM rivals in the October 25 General Election. PHOTO| GODFREY KAHANGO.
What you need to know:
Chadema parliamentary candidate for Kyela during the October 25 General Election Abraham Mwanyamaki filed the petition last month, asking the court to nullify election results, claiming that the electoral process, including tallying of votes, was flawed.
Mbeya. The High Court in Mbeya has thrown out an election petition challenging the victory of Kyela MP Dr Harrison Mwakyembe, following failure by the petitioner to pay Sh 3 million as security for costs.
Chadema parliamentary candidate for Kyela during the October 25 General Election Abraham Mwanyamaki filed the petition last month, asking the court to nullify election results, claiming that the electoral process, including tallying of votes, was flawed.
Dr Mwakyembe (CCM) retained the seat for Kyela Constituency after garnering 44, 269 votes against Mr Mwamanyaki’s 38, 375 votes. Mr Mwamanyaki had asked the court to reduce the desposit from Sh5 million to Sh 1 million, but it set the figure at Sh 3 million. Mr Mwamanyaki was also ordered to deposit Sh3 million as security for costs before his petition could be heard but he failed to do so. Yesterday, Justice Atuganile Ngwala ordered Mr Mwanyamaki to pay Dr Mwakyembe and other respondents, the Kyela municipal director and the attorney general, costs of the case.
The judge gave the order after lawyers representing the petitioner—Benjamin Mwakaganda and Adrian Mhina—claimed that their client had failed to raise the money and asked the court to apply its jurisdiction to rule on the matter.
Mr Mwakyembe’s advocate, Mr Mpale Mpoki, asked the court to strike out the case and order the petitioner to pay them costs.
