Oyugis court has nullified the election West Kasipul MCA Vickins Bondo
after finding irregularities in the results used to declare him the
winner.
The court Senior Principal Magistrate Bernard Omwansa said he found
small and numerous discrepancies that cumulatively they caused huge
impact on the election outcome.
In the last year’s August 9 election, IEBC declared Bondo as the
winner after garnering 4,041 votes against his main competitor Okeyo
Ongili who garnered 3, 975 votes.
Ongili filed the petition on August 30, accusing the electoral agency
of conducting unfair election exercise.
In the case, IEBC was listed as the first respondent while Bondo was
the second respondent.
Ongili contested the seat on ODM ticket while Bondo ran as an
independent candidate.
Omwansa said the election was closely contested and that any small
manipulation could tilt the outcome.
According to the results announced, there was a difference of 76 votes.
“That the discrepancies though appear to be small cumulatively they
are causing a huge impact since the election was closely contested. An
order is hereby issued squashing a declaration of the second
respondent as MCA elect and nullifying his certificate,” Omwansa
ruled.
In his judgment, the magistrate directed for a repeat election for the
position of MCA.
Further argument revealed that IEBC could not be able to explain who
between the petitioner and second respond exactly won the election.
The court was also unable to verify and affirm that the election was
administered in an impartial, neutral, efficient, accurate and
accountable manner.
“The first respondent was unable to make good of the small
discrepancies when the evidential burden was shifted. The first
respondent is therefore directed to conduct a fresh election in
compliance with the constitution and governing law,” he added.
Other discrepancies noted when nullifying the election include the 78
ballot papers which could not be accounted for during scrutiny and
verification of votes.
Some counterfoil did not match that the one used during elections.
Scrutiny and recount report indicated that three votes were
irregularly awarded to the second respondent.
