Mr Noah Mbwanga, contesting for the Banja County Assembly (MCA), lost his appeal against Collins Ayugu and was awarded Sh250,000 by Hamisi Principal Magistrate Melanie Ochieng' after the case was dismissed.
Mr Mbwanga must also pay Sh300,000 to the Independent Electoral and Boundaries Commission (IEBC) for expenses incurred by the election agency. Mr Ayugu, who won the petition, wants auctioneers to intervene in selling Mbwanga's land so that he can get his money. Mr Mbwanga's legal team is, however, planning on appealing the ruling on claims that it was not fair.
The Banja case adds to the lengthy list of hefty costs petitioners face after losing points. Hundreds, if not thousands, of petitions have been filed with the courts challenging the August 9 General Election outcome for various seats throughout the country.
Another victim is Mr John Bunyasi, who contested for the busia county gubernatorial position. He had appealed the election of Paul Otuoma as the governor but lost his case and was slapped with ksh Sh3 million in costs to be paid to the defendants. In his conclusion, Justice Kemei ruled that the petitioner had not met the standard for overturning the declaration that made Mr Otuoma governor.
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A similar fate befell three Kilifi County residents after the High Court rejected their petition challenging Governor Gideon Mung'aro's election. They were instructed to pay costs of Sh6.5 million. In November of last year, the application by Mr James Ndeda contesting the election of Vihiga Senator Godfrey Osotsi was dismissed by the High Court with costs of Sh800,000, stating that it was incurably defective.
Other election losers are lucky because they are scrambling to get government jobs. A list made public by the Public Service Commission shows that at least 50 lawmakers who ran for various elective seats in the August 9 General Election but lost are on the shortlist for the Chief Administrative Secretary (CAS) positions (PSC). Some famous names from the list include Ahmed Mukhtar, Former Emgwen MP Alex Kosgey, Ali Mbogo, and former Starehe lawmaker Charles Njagua (also known as "Jaguar") and Dr Evans Kidero.