Ngirici challenges Governor Waiguru's win in court

A bruising legal battle is in the offing after former Woman Representative Wangui Ngirici filed a petition in the Kerugoya High Court, challenging the election of Kirinyaga Governor Anne Waiguru.

Mr Ngirici wants Ms Waiguru's victory nullified and another gubernatorial election conducted in strict compliance with the Constitution.

She claims that the election was marred by irregularities and did not fulfill the requirements and principles of the law.

Ms Ngirici, who ran as an independent candidate, claims the election was rigged in favour of Governor Waiguru of the United Democratic Alliance (UDA).

Ms Waiguru garnered 113,008 votes against Ms Ngirici's 105,677.

The Independent Electoral and Boundaries Commission (IEBC) and Kirinyaga County returning officer Jane Gitonga are cited as the first and second respondents, respectively.

Appropriate structures

Ms Ngirici accuses the IEBC of failing to put in place appropriate structures and mechanisms to prevent electoral malpractices.

She argues that the electoral process was opaque and unverifiable and that the IEBC abdicated its constitutional role by conducting an election that was not based on universal suffrage and free expression of the will of voters.

She also argues that the election process was not transparent and accountable.

She says the IEBC failed to exercise impartiality and efficiency.

Ms Ngirici claims there were apparent anomalies in the forms used to declare her opponent the winner of the poll.

She claims the returning officer relied on forms 37A that were “either not signed by presiding officers or signed but not stamped to declare the winner of the election”. She also argues that the authenticity of the forms and the results cannot be verified.

She alleges massive bribery of voters and illegal alterations of forms 37A.

Kicked out

She also claims that some of her agents were kicked out of polling stations and could not witness voting or verify the results obtained by each candidate.

She says there was abnormally high voter turnout in Gichugu constituency, where her opponent garnered a lot of votes, while voting at some polling stations went beyond 6pm in total disregard of election regulations.

Ms Ngirici also claims her agents' signatures were forged in a well-orchestrated scheme to rig the election in favour of Ms Waiguru.

The integrity of the election, she argues, was greatly compromised by making false entries of election results at various polling stations.

She urged the court to quash the election certificate issued to Ms Waiguru.