Garissa Township Member of Parliament and 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 August 8th election.
Apparently Justice Hedwig Ong’udi cast out all the allegations raised in the petition by former National Assembly Deputy Speaker Farah Maalim as lacking basis and ruled that Duale was validly elected.
In addition, Justice Ong’udi directed Maalim to pay Ksh.6 million as costs for the petition. The amount was to be shared between Duale and the Independent Electoral and Boundaries Commission (IEBC).
However, speaking on matter in the National Assembly after dismissal of the petition, Duale said he will not be interested in the money; he instead would reach out to Maalim to settle the differences with him as a member of his community.But according to, Maalim who spoke after the court ruling vowed to appeal the decision to uphold Duale’s victory.
In what seemed to be on a lighter note Duale asked the legislators to be ready to bail out some of their colleagues who are not only nursing the pain of election petition lose but also they heavy bills to settle.
“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,” he said
On the same note Duale said he was ready to help his friends to settle the bills. “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 to raise these amounts,” he added.
The legislator who made the utterances when 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.
Additionally, Former Law Society of Kenya Chairman Eric Mutua explained that failure to pay costs fined by the courts could lead to the petitioner serving a jail term if they have no assets that can be auctioned to foot the bill.
Statistically, the biggest petition 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.
Next in the financial bill list are former Machakos gubernatorial candidate Wavinya Ndeti and Starehe parliamentary aspirant Steve Mbogo who have a Ksh.10 million bill to clear as costs for their dismissed petitions.