August 9

Petitions filed challenging Nyamira governor, MP election

Thursday, September 8th, 2022 03:19 | By
Nyamira Governor Amos Nyaribo who ditched ANC for little known UPA party, yesterday. PD/EVANS NYAKUNDI

Two petitions were yesterday filed in Nyamira High Court, one challenging the election of Governor Amos Nyaribo and the other the victory of West Mugirango MP-Elect Stephen Mogaka.

In the first petition, a voter challenged the election of Amos Nyaribo as the Nyamira County Governor.

The petitioner, Dennis Omwenga Ayiera, also sued the Deputy Governor Dr James Gesami, the County Returning Officer and the Electoral and Boundaries Commission of Kenya (IEBC).

Through lawyer Omwansa Ombati, the petitioner wants Nyaribo’s election overturned, citing a number of irregularities.

In a sworn affidavit, Ayiera is seeking an order for  the scrutiny  of all electoral materials in the polling stations.

He also wants the court to nullify the Governor’s election and further call for fresh elections within 60 days from the date of judgment .

He wants determination that the IEBC and it’s agents committed electoral malpractices that constitute criminal offences.

In the second petition, Rogers Moturi Ongera, who lost the West Mugirango constituency election, now wants Mogaka’s win nullified citing a number of irregularities and malpractices.

In a sworn affidavit, Ongera has sought a number of reliefs in the petition arguing that there was non compliance with the law, numerous irregularities and improprieties in the parliamentary elections and the declaration of the results. He said that these were substantial and significant enough to affect the results.

The petitioner has sued the IEBC as the first respondent, the constituency returning officer, Silvia Jepchumba as the second respondent and Mogaka as the third respondent. In the relief sought, Ongera further wants a declaration that the election held on August 9, 2022 was not done in accordance with the constitution and the applicable laws rendering the declared results invalid.

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