By Valentine Omondi
Kenya Sugar Board has suspended this weekend’s elections of growers’ representatives following a petition filed in court challenging the exercise.
The action threw the upcoming election of the Grower Representative to the Kenya Sugar Board into uncertainty and confusion after three petitioners moved to court, citing alleged irregularities and the possibility of fraud in the electoral process.
The petition was filed by Richard Ochieng Ogendo, Moses Kibet Biegon and Jared Omullo Okowa against the Kenya Sugar Board and the Chairperson of the Election Committee for the Grower Representative to the Kenya Sugar Board.
The election is scheduled for September 5, 2026.
The petitioners have raised concerns over the voter register being used in the election, arguing that alleged illegalities have not been adequately addressed by the respondents.
Court grants interim orders
In directions issued at the Kericho High Court, Justice Odera Teresa Achieng certified the matter as urgent and allowed the application to proceed under the vacation rules.
The judge further granted interim orders in terms of Prayer 2 of the petitioners’ application, although the specific contents of that prayer were not contained in the documents provided.
The court directed the respondents to file and serve their submissions within three days, while the petitioners were given two days after receiving the response to file their own response and submissions.
The respondents were subsequently directed to file and serve submissions within two days of receiving the applicants’ submissions.
Case transferred to Vihiga
The Kericho court also noted that a separate constitutional petition, Vihiga High Court Constitutional Petition No. E008 of 2026, concerns the same subject matter.
The related matter is scheduled for hearing of an application for conservatory orders on September 10, 2026, before Justice Nyakundi, the Presiding Judge of the Vihiga High Court.
Justice Achieng consequently directed that the Kericho case be transferred to the Vihiga High Court for hearing and determination.
The matter will come up for further directions on September 10, 2026.
The petitioners’ lawyer, John Mark Emukule, had, in the certificate of urgency, argued that the matter required priority because the election was imminent and concerns over the voter register could affect the credibility and sanctity of the poll.
According to the certificate, the Kenya Sugar Board and its Election Committee had published the voter register on the Board’s website and at various factories, regional offices and county ward offices to allow farmers to verify their registration details.
The petitioners, however, maintain that their concerns over alleged illegality and possible fraud have not been adequately addressed, prompting them to seek the court’s intervention ahead of the election.
Suspend
The chairman of the election, in a signed statement, said the election had been suspended.
“The committee hereby notifies all growers and candidates that the election of growers’ representatives to the Kenya Sugar Board scheduled for 5th September 2026 is hereby suspended to a later date to be communicated,” read the statement.
