August 9

Election of two governors challenged

Friday, September 9th, 2022 06:45 | By
Election of two governors challenged
Moitalel ole Kenta (in glasses) files his petition challenging the election of Governor Patrick ole Ntutu at Narok High Court, yesterday. PD/GEORGE

Former Nairobi Governor Evans Kidero yesterday filed a petition challenging the victory of Homa Bay Governor Gladys Wanga.

Kidero and his running-mate Elijah Kodo filed the petition before Homa Bay High Court, seeking the nullification of the election results on grounds of alleged electoral malpractices.

In his prayers, Kidero wants the court to order for thorough scrutiny of all poll materials including electronic documents, devices and equipment for the gubernatorial election.

He is seeking for a recount and retallying of votes cast at all polling stations cited in the petition.

 “Upon nullification of the declared election results, an order be issued to IEBC to verify the counted votes and declare Kidero and Kodo as the duly elected governor and deputy governor,” the petition.

In the suit, the petitioners have sued the Independent Electoral and Boundaries Commission, County Returning Officer Fredrick Apopa, Wanga, Deputy Governor Oyugi Magwanga and ODM party as the first, second, third, fourth and fifth respondents respectively.

Petitioners argue that the governor election was marred with irregularities, adding that it was neither free nor fair contrary to constitutional requirements. Similarly, in Narok, Azimio gubernatorial candidate Moitalel Ole Kenta, who lost in the just concluded elections, has filed a petition challenging the election of Governor Patrick Ole Ntutu.

In the company of his legal team, he submitted evidence opposing the win and subsequent declaration of Ntutu of the United Democratic Alliance as governor.

Judicial officers

Kenta’s petition was received by judicial officers at the Narok High Court late yesterday.

In the petition, Kenta wants the court to compel IEBC to repeat vote counting of the gubernatorial seat where he is raising concern over election malpractice in favour of Ntutu.

And in Kisii, two petitioners have challenged the election of Kitutu Chache South MP Antony Kibagendo’s victory, alleging it was not free and fair.

Andrew Maubi and Samwel Omwando, who vied for the seat through Wiper and Independent candidates respectively claimed the poll was marred with anomalies.  Through lawyer Shadrack Wamboi, the petitioners say the irregularities rendered exercise ‘gross, fatally defective and defeating the very purpose of the electoral process. Speaking at the Kisii Law Courts on  Wednesday, Wamboi said his clients have hope in the Judiciary to audit the process to see if it met the threshold of a fair, credible and transparent poll.

“Today, we turned up here in court to fight a cause we believe was substantially marred with several alterations in Forms 35A and 35B,” Wamboi said.

Other anomalies, Wamboi noted, include violence experienced during the election, non-signed declaration Forms and excess votes more than those announced by Returning Officer.

Omwando and Maubi said they want the court to nullify the electoral process.

Reporting by Noven Owiti, George Sayagie and Robert Ochoro

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