Shinyalu MP Silverse Anami celebrating his victory after the court ruling.
BY SAM ALFAN.
Supreme Court has upheld the election of election of Silverse Anami Lisamula as Shinyalu Member of Parliament
The five judge bench has reversed the entire judgment of the Court of Appeal to nullify election of Silverse Anami Lisamula as Shinyalu Member of Parliament.
Supreme Court declared that,“The Certificate issued by the Court of Appeal in Kisumu Civil Appeal No. 51 of 2013 is hereby declared a nullity and is quashed. The status of the National Assembly seat for Shinyalu Constituency reverts to the status quo ante, as declared by the Independent Electoral and Boundaries Commission on 5th March, 2013.”
In April, the Court of Appeal sitting in Kisumu nullified the election of Silverse Anami Lisamula as Shinyalu MP a decision that influenced him to move to the Supreme Court to challenge the appellate court judge’s decision.
Three Appellate judges ruled that there was violence in Shinyalu on the eve of March 4 polls that affected the outcome of the election. The High Court in Kakamega had upheld Lisamula’s election in October.
The Independent Electoral and Boundaries Commission was accused for failing to conduct an election that met the constitution requirement of Article 81,83,and 88 of the 88 of the constitution which led Lisamula not elected validly elected as Member of the National Assembly for Sinyalu constituency.
The Appellate judges, in their ruling, faulted the High Court judge for dismissing an application by the petitioner, Justus Gesito, for scrutiny and recount of votes.
“Flowing from the guiding principles it follows that a petition which requires the appellate Court to re-examine the probative value of evidence tendered at the trial court or invites the Court to calibrate any such evidence, especially calling into question the credibility of witnesses ought not to be admitted. We believe that this principles strike a balance between the need for an appellate court to proceed from a position of deference to the trial judge and the trial record on one hand and the trial judge’s commitment to the highest standards of knowledge, technical competence and probity in electoral dispute adjudication, or the other hand.”Emphasizes the judgment.
The Court of Appeal judges who made the ruling were justices Onyango Otieno, Patrick Kiage and Agnes Murgor. However Supreme Court said Court of Appeal lacks jurisdiction in making the ruling.
“A Court of law downs tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction.” Says the judgment.
They further said Supreme Court has a special role in the constitutional function of dispute settlement; and it stands not on the same platform as the other Courts of the land.
They directed the orders to be served upon the Speaker of the National Assembly.