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Election losers move to court seeking to overturn rivals' wins after tough battles

A number of lawmakers are not sitting pretty as election losers move to court looking to snatch away their victories. 

In Nyanza, Evans Kidero and his running mate Elijah Kodo have filed a petition in Homa Bay High Court seeking to overturn Governor Gladys Wanga's win.

The former Nairobi Governor has listed the Independent Elections and Boundaries  Commission (IEBC), Homa Bay County Returning Officer Fredrick Apopa, Ms Wanga, her deputy Oyugi Magwanga and the ODM Party as respondents.

Kidero and Kodo claim the election was marred with electoral malpractices that deprived them of victory.

In Nyamira, a voter, Denis Ayiera, has moved to court to challenge Governor Amos Nyaribo's re-election. Mr Ayiera filed the petition at Nyamira Law Courts on Wednesday afternoon. He claims the election was characterised by ballot stuffing.

Mr Ayiera’s lawyer Justus Maeche wants the court to order scrutiny of the ballots used in the voting process. Mr Maeche also wants the court to make a determination on disparity between number of votes cast across all county seats.

“We are confident that we won in the elections but some forces decided outright to deny us our choice of governor. We will fight on,” the lawyer said. Mr Nyaribo won with 82,000 votes while Walter Nyambati of UDA emerged second with 49,000 votes.

Rogers Moturi Ong’era has filed a petition at the Nyamira Law Courts seeking nullification of the election of West Mugirango MP Steve Mogaka.

In Migori, DAP-K candidate John Pesa is also planning to challenge the election of Governor Ochilo Ayacko. Sources in his camp told The Standard that the petition will be lodged next week.

“Ours was a stolen victory which we have to challenge in court,” said Marwa Muhingira, Mr Pesa's running mate.

Migori IEBC Returning Officer Ben Misati declared Mr Ayacko winner with 175,226 votes. Mr Pesa emerged second with 126,171 votes while former Rongo MP Dalmas Otieno came third with 21,174 votes.

In Kisii, Kitutu Chache South MP Anthony Kibagendi (ODM) is not sitting pretty after Andrew Maubi (Wiper) and Kenani Omwando (Independent) moved to the High Court to challenge his victory.

Mr Kibagendi was declared the winner with 14,478 votes, Mr Maubi came second with 10,378 votes, Eric Abuga got 4,131 votes while Mr Omwando managed 3,471 votes. 

Through lawyer Shadrack Wamboi, the petitioners argued that the election was marred with irregularities. "Following the detected anomalies, my clients have rested their hopes in the Judiciary to audit the process to see if it met the threshold of a fair, credible, open and transparent poll," Mr Wamboi said. 

The lawyers claim that the number of voters were in excess of 42,000 compared to 40,000 people the IEBC said voted in the constituency. 

In West Kaspul Ward in Kasipul constituency, Peter Ongili (ODM) is challenging the victory of MCA-elect Vickins Bondo (Independent). He filed the petition in the Oyugis Law Courts. Mr Ongili has named the IEBC and Mr Bondo as the first and second respondents, respectively.

He claims that the respondents engaged in electoral offences that denied him victory at various polling stations.

In Narok, Moitalel ole Kenta has filed a petition challenging the election of Governor Patrick ole Ntutu (UDA).

Mr Kenta (ODM) says that he won the seat but the election exercise was married with malpractices. He claims that his votes were switched and awarded to Mr Ntutu.

He further claims that the ballot boxes were stuffed in a number of polling stations in favour of his competitor leading to the arrest of six IEBC officials who have since been arraigned.

Addressing the media on Wednesday, Kenta said the election was not transparent and he raised the matter with IEBC County Returning Officer Sidney Namulungu but no action was taken.

"It is very clear that our win was stolen and awarded to Ntutu because how else can you explain that all these malpractices were taking place, including the use of some compromised IEBC officials, and yet no action was being taken to the last day?” he claimed.

The Narok governor election results were announced in Nairobi after the exercise was marred by chaos at a number of polling stations. IEBC officials claimed their lives were in danger after both Kenta and Ntutu claimed victory.

The governor was declared the winner after garnering 158,100 votes while Kenta came second with 148,270 votes.

In Nakuru, Joseph Kiarie Mugo has filed a petition challenging the election of Kaptembwo Ward Rep-elect Peter Kajwang.

Mr Mugo has named Mr Kajwang, IEBC and Nakuru Town West Constituency Returning Officer Moses Ahete as respondents.

He claims that Mr Ahete chased him and his agents from polling stations during tallying of votes. Mugo further alleges that neither him nor his agents were given copies of the relevant results declaration forms.

He accuses Mr Kajwang and his agents of stuffing ballot boxes in Nakuru West Secondary School, Kaptembwo Primary School, Stima Line Open Ground, Heshima Primary School, Rhonda Clinic and Kibowen Komen Primary School polling stations.

Mugo wants the court to order scrutiny and recount of votes in Kaptembwo Ward. He also wants the court to issue temporary orders staying the swearing-in of Kajwang, and order examination of the register used in all polling stations.

In Kericho County, six Tebesonik Ward residents have filed a petition challenging the election of MCA-elect Kipngeno Kirui alias Alfred Kimutai Kirui.

Richard Mibei, Godfrey Langat Kimutai, Kipyegon Langat, Robert Kipkurui Korir, Nelson Rono and Kenneth Kipkurui Rono claim that after due diligence, they realised that Mr Kirui holds two national identity cards.

One bears the name Kipngeno Kirui; ID No.39913409; date of birth 30/12/1985; place of issue Cheborgei in Kericho. The other ID, the petitioners claim, bears the name Alfred Kimutai Kirui; ID No. 26897888; date of birth 1/1/1985; place of issue Olenguruone in Nakuru County.

The petitioners claim Mr Kirui submitted forged documents to the IEBC. They have named the IEBC and Attorney General as the first and third respondents.

The six claim that the MCA-elect's police clearance certificate issued on March 22 bears the name Kipngeno Kirui of ID No. 39913309. They also claim that the MCA-elect failed to disclose to IEBC that he has a pending case in court.

In central Kenya, former Kirinyaga Woman Rep Wangui Ngirici has moved to court to challenge the re-election of Governor Anne Waiguru.

Ms Ngirici’s legal team filed the petition at Kerugoya High Court. She has enjoined her running mate Eliud Ngige as co-petitioner.

She has listed the IEBC, IEBC County Returning Officer Jane Gitonga, Ms Waiguru and her deputy David Githanda as the first, second, third and fourth respondents, respectively.

In her affidavit, Ngirici wants the court to nullify Waiguru‘s victory citing 'massive' electoral malpractices that were facilitated by the electoral agency. “The election was not free from influence, was not transparent, verifiable and its accuracy cannot be confirmed,” the petition reads in part. 

The petitioner has equally questioned the authenticity of results declared in Gichugu constituency, terming the voter turnout "abnormal". 

Former Laikipia East MP Amin Deddy Mohamed has also moved to court to challenge the election of Mwangi Kiunjuri.

Mr Mohamed has filed a petition at the Nanyuki High Court claiming the IEBC bungled the election.

Through lawyers Rose Muthike and David Makworo, Mohamed has named the IEBC, Laikipia East Constituency Returning Officer Tabitha Gathoni, and Mr Kiunjuri as the first, second and third respondents, respectively.

“We have evidence that there were a lot of discrepancies during the process, especially during tallying and voting. We have a watertight case,” says Mr Makworo.

Mohamed wants Kiunjuri's election nullified and for him to be declared the winner.

Mr Makworo argues that Mohamed’s agents were maliciously locked out of various polling stations in the constituency during the vote-counting exercise.

Mohamed says he won in 100 polling stations against his competitor's 91 polling stations, adding that he has enough evidence to prove that both the returning officer and presiding officers colluded to destroy the credibility of the polls.

Kiunjuri trounced Mohamed by garnering 30,057 votes. Mohamed, who contested on a United Democratic Alliance Party ticket, got 28,021 votes.

Ms Muthike says the petition highlights the malpractices that transpired before, during and after the voting exercise. “We believe that we have come up with a comprehensive petition, and believe the court will rule in our favour,” she says.

In Kakamega, former nurses unionist Seth Panyako says he will ask the High Court to nullify the election of Malava MP Moses Malulu.

In his affidavit, Mr Panyako alleges that Mr Malulu had help in rigging the election.

“Among the IEBC officials was Malulu’s concubine, a specialist in ICT. It is significant to point out that after she finished her assignment of stealing votes for Malulu, she did not participate in other meaningful assignments, particularly the subsequent Kakamega gubernatorial mini-poll."

[Eric Abuga, Anne Atieno, Stanley Ongwae, James Omoro, Julius Chepkwony, Godfrey Oundoh, Nikko Tanui, Lydiah Nyawira, Timothy Kariuki and Robert Amalemba]