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Court nullifies MCA’s election in Kisumu

By Kepher Otieno | Published Tue, February 6th 2018 at 15:23, Updated February 6th 2018 at 15:25 GMT +3

A Kisumu court has nullified yet again another election of a member of the County Assembly over alleged election irregularities.

Central Nyakach ward representative Philemon Ojuok who was elected on a Ford -Kenya ticket lost a spirited defense to undo a petition by Peter Bodo challenging his win.

Ojuok's victory was opposed by Bodo at the law courts on the 17 October last year who claimed that in some centres total number of votes cast exceeded the registered voters.

On Monday, while delivering the ruling, Senior Principal Magistrate Christopher Yalwala annulled the election and ordered that fresh elections be held.

Yalwala cited electoral malpractices and non-compliance with electoral laws saying that cross examination of some of the evidences adduced before him pointed out mistakes

The court was convinced that the petitioner who vied as an independent candidate, proved there were irregularities in vote tallying in some polling centers.

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For instance, court found that in some centres such as Nyalunya polling Station, the number of those who voted exceeded the voter turnout during the election.

Many other polling centres also had issues either with votes cast or allegations of voter bribery and intimidation of the petitioners supporters causing disarray in counting.

Elections presiding officers in some polling stations were also found culpable of failing to show cause why some of the petitioner’s agents did not sign the statutory forms.

''The jury was also concerned that the petitioner's agents did not sign statutory forms which affirms electoral anomalies in some polling stations,'' said Yalwala.

He gave the first respondent -IEBC and the second respondent who is the returning officer room to appeal against the ruling if they are not contented.


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