By Wainaina Ndung’u
NYERI; KENYA: Two more election petitions were filed at the Nyeri High Court before the expiry of the 30 day period.
The two separate petitions challenging the election of members of parliament were filed by losers in Laikipia North and Nyeri town constituencies.
In a brief petition, Wilson Nginya Kimotho who was fourth in the Nyeri town race on a People’s Party of Kenya (PPK) is challenging the election of the immediate past Special Programmes Minister Esther Murugi.
He claims that the Independent Electoral and Boundaries Commission (IEBC) officials showed marked partiality towards Ms Murungi of The National Alliance (TNA) and succumbed to her pressure during the election exercise.
“The IEBC committed an election offence by declaring results they had reasonable cause to be false and did not believe to be correct,” the petitioner says in his suit papers.
He claims that in some certain polling stations such as his home village of Gatitu and at Githiru, the IEBC officials added Ms Murugi’s votes and decreased those of her opponents including him.
He also says his agents were locked out of polling stations during counting and that even after presenting his grievances at the Nyeri Technical Tallying Centre, the constituency returning officer Margaret Lorna Kariuki went ahead and declared Ms Murugi the winner.
He has named Ms Murugi, Ms Kariuki and the IEBC as the respondents in the case.
In the other petition, TNA’s Colonel (retired) Richard Nchapi Leiyagu is challenging the election of Mathew Lekedime Lempurkel of the Orange Democratic Party in Laikipia North.
He is claiming that the winner influenced poll officials through inducements and had a hand in their recruitment.
Leiyagu claims that the number of votes cast in the area at 27,792 exceeded the 27,562 gazetted by the IEBC in January 2013.
“Out of 100 registration centres/polling stations in Laikipia North, only 11 stations had figures that agree with IEBC gazetted figures of January 2013,” claims the petitioner.
The petitioner was second in the race polling 4,438 against the winner’s 7,267 in a six man race in the newly created constituency.
Col Leigayu also claims that the winner through relatives employed by the IEBC influenced the recruitment of polling clerks in Sosian ward and commissioned various illegal acts during the campaign period.
He further claims that the winner held a meeting at a Nanyuki hotel on March 1, 2013 attended by 15 presiding officers in which strategies to manipulate the process was discussed.
“During that meeting, the POs were bribed and others induced with jobs once my rival was elected as MP,” says the petitioner.
Colonel Leigayu is also accusing the IEBC of recruiting unqualified presiding officers and of failing to monitor and enforce provision of the elections act in the run-up to the elections.
He claims that his rival rehabilitated a dam for the Rois Robo community at Segera ward, purchased 50 plastic chairs for Ngenia Witeithie Women Group and two rolls of fencing wire for the Ngenia Dispensary during the campaign period besides openly bribing voters.
The respondent in the case are the IEBC, Laikipia North Constituency Coordinator Ishmael Hashim and MP Lekideme.
On Monday, Lawyer Peter Gichuki King’ara filed a petition against the election of businesswoman Mary Wambui Munene as the Othaya Member of Parliament citing poll bribery.
King’ara who had emerged second after Wambui garnered 16,285 votes against his 14,218 votes had cited various electoral malpractices such as voter bribery, voter buying and manipulation of IEBC officials as having characterised the election of Ms Munene.