Lawyer Valentine Ataka with Kanu Secretary General Nick Salat’s who lists his electoral petition challenging the election of Bomet Senator Wilfred Lesan at Milimani law court on Thursday September 10,2015
BY SAM ALFAN.
Nick Salat’s loses petition, ordered to bear Kshs 60 million costs after the Supreme Court dismissed a petition filed by Kanu Secretary General.
Supreme Court has dismissed an appeal in which Mr Nick Salat was challenging the election of Bomet Senator Wilfred Lesan.
Salat moved to the Supreme in June last year seeking to have the court annul Lesan’s election win, stating that it was marred by massive irregularities.
Supreme Court upheld a Court of Appeal decision that had dismissed an appeal by Mr Salat.
Mr Salat had lost the election petition at the High Court before moving to the Court of Appeal, which also dismissed his case.
At the Court of Appeal, the politician had claimed that there were “massive irregularities” that he claimed were unearthed during the scrutiny of votes.
Through his lawyer Stephen Mwenesi, Salat asked judges to allow him to seek justice without being declared time-barred.
In opposition, Lesan’s lawyer Paul Lilian said the application could have set a wrong precedence by creating a loophole where all election petitions would be moved to the Supreme Court.
Supreme Court five-judge bench on Monday led by Chief Justice Willy Mutunga ruled that Salat did not provide enough evidence to support his claims that the senatorial election in 2013 was flawed.
Salat came second in the Bomet County Senate race, garnering 98,036 votes against Senator Lesan who was declared the winner with 115,931 votes.
In 2013, the High Court slapped Nick Salat with a Sh70 million bill after his election petition flopped.
The court upheld the election of Lesan, with the Independent Electoral Boundaries Commission (IEBC) demanding that Salat settles the bill for the suit.
He said the High Court judge who dismissed his petition disregarded “cogent evidence tendered by his witnesses to prove electoral malpractices marred voting and counting”.
Mr Salat further stated that he was denied votes in most of his strongholds that were dubiously transferred to his opponent.
Prof Lesan was declared the winner after garnering 115,931 votes. Mr Salat had garnered 98,036 votes.
Mr Salat will have to wait up to next general election.