Petitions filed to annul elections of governors Wanga, Nyaribo
Homa Bay gubernatorial candidates Evans Kidero (right) and Gladys Wanga. They are all set for a mighty political battle in Tuesday’s General Election.
Former Nairobi governor Evans Kidero has filed a petition in court challenging the election of Gladys Wanga as Homa Bay governor.
In the case at the Homa Bay High Court, Dr Kidero argues that the election was not free and fair.
He claimed voting was marred by irregularities allegedly committed by the Independent Electoral and Boundaries Commission (IEBC) during tallying of results.
He also claims there were acts of violence, voter bribery and intimidation.
He lists the IEBC, returning office Fredrick Apopa, Governor Wanga, her deputy Oyugi Magwanga and ODM as the first, second, third, fourth and fifth respondents, respectively.
Ms Wanga (ODM) received 244,559 votes against the 154,182 of Dr Kidero, who vied as an independent candidate.
Dr Kidero claims that even though he was more popular as an independent candidate, the Orange party used all means necessary to ensure he did not win the governor’s seat.
He wants the court to order the IEBC to produce all the election materials relating to the governor election in Homa Bay County.
He also wants a forensic audit, scrutiny of all equipment, systems and technology, a recount and re-tallying of all returns relating to the polling stations whose results were questioned.
If the court identifies malpractices, Dr Kidero wants Ms Wanga to step down and the IEBC to hold a fresh governor election in strict conformity to the Constitution and the Elections Act.
He also wants the Directorate of Criminal Investigations (DCI) to investigate election offences allegedly committed during the election.
Meanwhile, a voter has filed a petition challenging the election of Nyamira Governor Amos Nyaribo under the United Progressive Alliance (UPA).
Mr Dennis Omwenga Ayiera, a close associate of Mr Walter Nyambati, who ran and lost under UDA, lodged the case at the High Court in Nyamira.
At the same time, Kitutu Chache South parliamentary candidates Andrew Maubi (Wiper) and Samuel Omwando (independent) have filed a suit at the Kisii High Court challenging the election of Antony Kibagendi (ODM) as MP.
In the Mr Nyaribo case, his deputy James Gesami, the Nyamira County returning officer and the IEBC are listed as respondents.
Mr Omwenga says he was Mr Nyambati’s chief agent and the Nyamira County election manager for UDA.
Mr Nyaribo was declared governor-elect on August 12, having garnered 81,980 votes against the 49,339 of his closest challenger, Mr Nyambati.
“[Mr Nyambati] is joined in the proceedings owing to the significant interest he has in the outcome of the application and petition,” read the petition.
The declared results showed that the difference between Mr Nyaribo’s votes and those of Mr Nyambati was 32,641 votes.
Why Nyaribo win should be overturned
The petitioner cites five main reasons for contesting the declared results.
“There were two differing forms 37C, harassment of the UDA agents [who] were as a result denied participation in the counting and tallying of results, alteration of the result declaration forms, differing results from multiple polling stations between Forms 37A and Form 37C and other discrepancies as will be highlighted specifically,” the petition read.
There were 12 governor candidates in Nyamira County, which has 323,291 registered voters. Of these, 179,719 turned out to vote on August 9 or 55.59 percent.
The county has 643 polling stations spread across the four constituencies of Kititu Masaba, Borabu, North Mugirango and West Mugirango.
In Kitutu Chache South constituency in Kisii County, Dr Maubi and Mr Omwando said the election of Mr Kibagendi was not free and fair.
They said they were harassed by goons and their agents chased them out of polling stations.
The constituency returning officer, Mr David Cherop, declared Mr Kibagendi the duly elected MP, having garnered 14,478 votes.
Mr Kibagendi beat nine other candidates, with his closest competitor, Dr Maubi, getting 10,378 votes.
In third place was Eric Abuga (UPA), who received 4,131 votes, while Mr Omwando got 3,471 and Cynthia Toel of Jubilee 2,738.
Kitutu Chache South has 66,980 registered voters spread across the five wards of Kitutu Central, Nyatieko, Nyakoe, Bogeka and Bogusero.
Mr Cherop said only 40,517 voters participated in the election and 22,778 abstained.
Mr Kibagendi, who was director of youth affairs in the Office of the Deputy President, replaced long-serving MP Richard Onyonka, who won the Kisii County senator seat.
Kitutu Chache South is a cosmopolitan constituency that was split from the larger Kitutu Chache at the advent of devolution in 2013, creating Kitutu Chache South and Kitutu Chache North constituencies.
