Ward rep loses seat in petition, vows to challenge ruling

The petition was filed by former Esise Ward Representative Joseph Ondari. [iStockphoto]

A ward representative in Nyamira County has lost his seat in an election petition.

Josiah Mang'era of Esise Ward suffered a political blow on Friday after the court ruled against him, citing electoral irregularities.

Keroka Law Courts Magistrate Bethuel Kimutai said there were no counter folds in some ballot boxes used in the August 9 election.

The petition was filed by former Esise Ward Representative Joseph Ondari who was represented by advocate Polycarp Maroko.

Mangera was declared the winner after garnering 2,419 votes against the petitioner who got 2,245. In his petition, Ondari argued that there was fraud by electoral commission officials, which he said robbed him of his victory.

Mang'era, however, has vowed to appeal the decision at the High Court and maintains that he won fairly. Last week, A Jubilee Nominated MCA Dolphine Nyang'ara lost her seat in a petition filed by Mitchelle Omwoyo in the Chief Magistrate's court.

Nyamira Chief Magistrate William Chepseba ruled that Nyang'ara's name was illegally gazetted.

The Political Parties Tribunal had on September 8 ordered that Ms Omwoyo's name be gazetted according to the list submitted by the Jubilee Party Secretary General where the petitioner had been listed number one. The petitioner moved to the tribunal on September 3.

The court was told that Nyang'ara's name had been submitted to replace that of the Omwoyo under the Jubilee Party's gender top-up list.

In a ruling dated January 11, 2023, the magistrate upheld the petition declaring Nyang'ara's nomination as null and void.