Court nullifies West Kasipul ward elections

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.