When all was lost, when everything became desperate. When the trial and appellate courts both agreed to snatch his win. Homa Bay Governor Cyprian turned to the political emergency medic who has over the years failed to become a full doctor, but is otherwise excellent at his job.
As the occupants of the Supreme Court waited with bated breath, Judge Jackson Ojwang said:
"The Supreme Court sets aside the appellate court's decision in its eternity. The election of Homa Bay county will stand as the valid position as stated by the Independent Electoral and Boundaries Commission (IEBC)"
It is after this that the supporters of the embattled governor rose in celebration . Outside the Supreme Court, other supporters sang in jubilation saying Awiti has not done any wrong (has not killed anyone).
When Cyprian Awiti lost in the High Court on February 20 2018, his world came crashing down. Justice Joseph Karanja ordered a by-election, ruining the governor's retirement package.
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At the time as he talked at a press conference in Kisumu, he was in the company of his lead counsel Tom Ojienda and Mathare MP Antoney Oluoch.
In July 2018, after the proceedings of his appeal at the Court of Appeal ended, a three-judge bench ruling which was read by, Justice Fatuma Sichale effectively ended his time at the helm. The decision of the High Court was maintained and as it were, Awiti would have to go back to a by-election. Represented by SC James Orengo, the next move would only be going to the highest court on the land.
That's when he decided to turn to Raila Odinga. The two cases had been too expensive for him. Rumours went that the Jubilee Party had financed Oyugi Magwanga's petition and were successful up to that point to end his career.
At that time, the toll of losing his seat made Governor Awiti sick and he disappeared from the limelight for over three months.
On 28th December, while speaking in Homa Bay, Raila Odinga shared details of the Governor's health.
“Governor Awiti has been away but he told me to pass his greetings to you. Do you welcome his regards? I was with him before I came here. He has been unwell but he is now okay," Raila Odinga told the crowd.
The absence of the governor had created tension in the county with locals asking for dissolution of the county. Sources say that a top team of lawyers, sanctioned by Raila Odinga started working on taking the matter to the Supreme Court. All the financial support they needed was given. What they had to do was to find a technicality in the judgement that would help Governor Awiti.
They found it.
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On 7th February 2019, while reading the Supreme Court decision, Justice Ojwang said that the trial and appellate courts had made a gross error by ignoring the scrutiny report that would lay bare any irregularities in the election process.
Awiti filed an appeal through lawyers James Orengo, Otiende Omollo, Tom Ojienda, Melvin Okumu, and Ogada Meso.
Raila Odinga's handshake benefits gave him the ability to bargain for Jubilee to stop adding turbo to Magwanga's petition engine. The medic saves a life once more.
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