In the ruling, the apex court judges cited insufficient evidence in the petition challenging Mugali popularly known as “Kizito” as the Shinyalu legislator.
The court further noted that the issue of names presented in the petition was resolved by the Political Parties Dispute Tribunal, which they noted found that Justus Kizito and Justus Gesito are one and the same person.
On July 2018, the Appeal Court in Kisumu dismissed a petition filed by Silverse Lisamalu Anami and Adrian Mambili Meja challenging Kizito’s election in 2017.
Justice Fatuma Sichale dismissed the Shinyalu MP’s poll case with costs. They were then ordered to pay KSh5 million in costs to the Independent Electoral and Boundaries Commission (IEBC) and Returning Officer Mr Henry Lumiti.
IEBC and the Returning Officer were to be paid KSh2.5 million each. In February 2018, the Kakamega High Court also dismissed the case saying the petitioners did not present sufficient evidence.
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