ODM candidate challenges the South Gem MCA by-election results

The petitioner further said there were widespread irregularities and illegalities that affected the integrity and validity of the December 8, 2022 by-election. [Elvis Ogina, Standard]

ODM candidate in the December 8, 2022 South Gem ward by-election Polycarp Wanga has gone to court to challenge outcome of the election.

An independent candidate, Brian Anyango was declared as the MCA-elect by the IEBC returning officer.

According to the election that attracted nine candidates, Anyango garnered 3,469 votes defeating Wanga, who managed 3,353 votes.

On Wednesday, Wanga, through his lawyer Jackson Awele filed an election petition challenging Anyango's win at the Siaya Resident Magistrate Court.

In his petition, Wanga wants the court to nullify the result on the account that it was marred with violence, intimidation and harassment of voters.

The petitioner further said there were widespread irregularities and illegalities that affected the integrity and validity of the December 8, 2022 by-election.

In his petition, Wanga singled out the violence that erupted at Kambare Primary and Kambare Secondary School polling stations on voting day.

He claimed that the incident scared away voters who could not turn out to cast their ballot due to fear of being attacked.

He further alleged that many of his supporters, agents and poll coordinators were injured after a convoy they were travelling in was allegedly attacked by goons he claims were hired by his opponent.

The petitioner further claimed that ODM agents were also blocked from accessing their designated polling stations at Oseno and Malele Primary schools.

"When violence broke at Kambare, ballot boxes were evacuated, unsealed and later sealed in the absence of my agents. This denied them the opportunity to verify the validity of votes cast and counted before results were declared by the presiding officers at the two stations," he said.

Wanga claims that there was falsification of the results and ballot stuffing by his main rival.

He said in the petition that some 102 voters could not be accounted for at Kambare Primary and Secondary school polling stations, which had 471 registered voters.

"Some 238 votes were cast while only 136 voters were identified through the Kiems kits. There was no manual identification of voters at the stations because the kits didn't fail," said Wanga.

He said these were glaring irregularities that needed to be checked considering that victory was declared on a margin of 116 votes.

Wanga was given the ODM ticket after IEBC postponed the August 9 elections following the death of his elder brother Nick Wanga.

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