Duale not interested in Ksh.3 million High Court award

Duale not interested in Ksh.3 million High Court award

National Assembly Majority Leader Aden Duale has rejected the Ksh.3 million awarded to him by the High Court following the dismissal of a petition challenging his election as Garissa Township MP.

On Tuesday, February 27, Justice Hedwig Ong’udi dismissed all the allegations raised in the petition by former National Assembly Deputy Speaker Farah Maalim as baseless and ruled that Duale was validly elected.

Justice Ong’udi directed Maalim to pay Ksh.6 million as costs for the petition – half of the amount to Duale and the rest to the electoral commission.

However, speaking in the National Assembly after dismissal of the petition, Duale said he will not be seeking the amount and would instead reach out to Maalim to settle the matter with him as a member of his community.

However, speaking after the court ruling, Maalim vowed to appeal the decision to uphold Duale’s victory.

In  a sly dig at former Gem MP Jakoyo Midiwo, Duale asked MPs to be ready to bail out some of their colleagues who apart from nursing the pain of election defeat they had been slapped with heavy financial bills after dismissal of their petitions.

“A lot of the busy bodies who have taken us to court are now suffering with hefty bills amounting to millions. I will not follow my Ksh.3 million and I have even instructed  my lead counsel that IEBC can follow what was awarded to them but for us we will not. We believe in community harmony,” said Duale.
“The court is sending a message that busy bodies who file petitions will not go home free. You will go home with a huge bill. My good friend Jakoyo has a bill of Ksh.3 million, my former colleague Nicholas Gumbo has another Ksh.3 million… I want to help them. This week will be very bad for me because we have to do Harambees (fundraisers) to raise these amounts,” he added.
Duale made the sentiments as he commented on the need for Parliament not to accept petitions from “busy bodies” who are in pursuit of personal interests. National Assembly Speaker Justin Muturi had just rejected a petition by Lawyer Adrian Kamotho Njenga who was seeking the ouster of Chief Justice David Maraga and six other officers of the Judiciary.

Upon losing election petitions, the unsuccessful litigants have no option but to foot the hefty bills slapped on them or contest them at the appellate court.

Former Law Society of Kenya Chairman Eric Mutua explained that failure to pay costs awarded by the courts could see the petitioner committed to civil jail if they have no assets that can be auctioned to foot the bill.

The biggest suit cost from the 2017 elections was slapped on Peter Odima, who contested the election of Busia Governor Sospeter Ojaamong.

High Court judge Hatari Waweru ordered Odima, an aide to former Funyula PM Paul Otuoma, to pay Ojaamong and IEBC Ksh.12 million.

Former Machakos gubernatorial candidate Wavinya Ndeti and Starehe parliamentary aspirant Steve Mbogo have a Ksh.10 million bill to clear as costs for their dismissed petitions.



Aden Duale Jakoyo Midiwo Election Petition Farah Maalim

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