Odonga Otto loses bid to overturn Komakech's election
“It is the finding of this court, therefore, that the petitioner (Otto) has not proved to the satisfaction of this court that there was non-compliance of the magnitude that would affect the results of this election in a substantial manner. The petition is therefore dismissed with costs to the respondents (Komakech, EC and returning officer),” Justice Bwanika said.
Otto had claimed that some of his votes were deliberately invalidated during tallying. However, after examining the declaration forms, Justice Bwanika said they did not indicate in whose favour the disputed votes had been cast.
Former Member of Parliament Odonga Otto's attempt to overturn the election of Christopher Komakech as Aruu County MP has failed.
High Court Judge Fatuma Nanziri Bwanika dismissed Otto's petition in a judgment delivered on November 5, 2026, finding that he had failed to prove that the alleged non-compliance with electoral laws affected the outcome of the election substantially.
“It is the finding of this court, therefore, that the petitioner (Otto) has not proved to the satisfaction of this court that there was non-compliance of the magnitude that would affect the results of this election in a substantial manner. The petition is therefore dismissed with costs to the respondents (Komakech, EC and returning officer),” Justice Bwanika said.
On the question of a recount, the judge cleared the returning officer, ruling that declining to conduct one after declaring a winner did not constitute a breach of Section 73 of the Parliamentary Elections Act.
Komakech polled 10,455 votes against Otto's 10,429, giving him a narrow victory margin of 26 votes. A total of 407 votes were categorised as invalid.
Justice Bwanika, however, said the high number of invalid votes pointed to a need for civic education and voter sensitisation.