What next for bullfighting Khalwale?

By Roselyne Obala

Kakamega High court has nullified the election of Bonny Khalwale as the MP for Ikolomani, citing several election irregularities.

Dr Khalwale becomes the ninth MP to loose his seat in the tenth Parliament after Justice Isaac Lenaola cited fundamental irregularities in the elections.

Bernard Shinali, who came in second in the 2007 elections, filed the petition.

It was sweet victory for supporters of Shinali after Justice Lenaola went through the 76-page ruling citing the general conduct of the defunct Electoral Commission of Kenya and Returning Officer Jane Wasilwa.

"I have endeavoured to show that the 2007 election in Ikolomani Constituency was not conducted in a efficient, accurate nor accountable manner," he read.

He continued, "Since the elections in Ikolomani constituency was not carried out freely, fairly and in accordance with the law, I hereby declare that Khalwale was not validly elected as MP."

Lenaona granted Shinali’s prayers to have Khalwale’s election be determined and declared null and void.

Immediately after making the judgement, Shinali’s supporters who had jammed the courtroom, rose in songs and dance, praising the judicial system.

He said, mathematics aside, there was no attempt to show that the entire process was designed to produce a credible result.

Justice Lenaola noted that in his submission, Stephen Mwenesi, appearing for Shinali, focussed wholly on the issue of election.

Lenaola directed that the Independent Electoral and Boundaries Commission to proceed and conduct a by-election.

He said it was difficult to declare a winner in the 2007 Ikolomani parliamentary elections.

"Ikolomani is famed for its bull-fighting sessions and pride in the culture of occupants," he added, lightening up the court.

Lenaola directed the defunct ECK to bear the cost of the petition.

He acknowledged that the elections were hotly contested and that Khalwale was declared winner with 8, 386 votes while Shinali came second garnering 8,121votes.

"It is agreed that the difference in votes was therefore 265 votes, a very small margin," he noted.

Lenaola noted that out of the 78 polling stations, only one was not affected by the errors.

"There were numerous errors in Form 16A. Some Form 16As were missing while others were not signed by agents and no reasons were given," he stated.

He said only one polling station met expectations or regulations, with 35 Form 16A having anomalies and no other polling station producing a proper Form 16A.

Lenaola dismissed alleged violence, assault and threats to voters at two polling stations arguing that witnesses could not prove it.

He further dismissed allegations of "witchcraft, oathing, devilish, and satanic practises."

"It was on record that Khalwale hired traditional circumcisers at Makhokho market and said persons administered oaths to voters with view to coerce and intimidate them to vote for him," he stated noting that there were elements of witchcraft.

The Judge noted that ECK and Wasilwa committed election offences in that agents and officers under them made false entries regardless of election results and refused to allow Shinali’s agents to sign.

Lenaola noted that bribery allegations were withdrawn against Khalwale

Celebrations by Shinali’s supporters spilled out of the court premises to the streets of Kakamega town.

Shinali first addressed a crowd outside the courts before a street party commenced.

"We have waited for so long but justice has prevailed in the end," he said.

He thanked his supporters for standing by him thought the trial process.

Khalwale left the courtroom in a rush and told his supporters outside to wait for the day he will again face Shinali at the ballot.