Bonchari makes history as two MPs serve six months each

By MAUREEN ODIWOUR and DOMICK MITIRO

Kisii, Kenya: Bonchari has made history as a constituency that has been served by two MPs in one year.

During the March 4 General Election last year, Zebedeo Opore was declared the winner and subsequently sworn in. However, six months later Mr Opore’s rival, John Oyioka, successfully petitioned his election and was declared the winner by the Kisii High Court.

But Oyioka’s victory was short-lived as he has also served for six months – from September 20 last year until on Friday – when the court overruled the judgement that handed him the Bonchari seat.

The two rivals will now face off again after the Court of Appeal in Kisumu ordered a by-election.

In last year’s election, Opore was declared the winner after he garnered 8,992 votes against Oyioka’s 8,987 votes.

On Friday, a three-judge bench comprising justices Daniel Musinga, Festus Azangalala and Sankale ole Kantai ruled that there were irregularities and errors that could have swayed the final outcome.

They said Kisii High Court judge Ruth Sitati gave prominence to the results and failed to consider the irregularities that emerged after scrutiny and recount during the petition.

“The recount between Opore and Oyioka, considering that the winning margin was only four votes, the judge ought to have nullified the results and proceeded to order a by-election,” said Justice Kantai.

The judges directed the Independent Electoral and Boundaries Commission (IEBC) to conduct a by-election to fill the position that was held by the first respondent.

“IEBC and Returning Officer Peter Resa shall bear the costs of this appeal as well as costs in the election court. We do not deem it necessary to certify costs for two advocates as urged by one of them,” Kantai said.

The three-judge-bench allowed the appeal and set aside the High Court judgment that declared Oyioka the duly elected MP.

The recount of votes was carried out by the deputy registrar of elections between July 5 and 18 last year.

There were 65 polling stations, which had a total of 82 ballot boxes. However, the fourth respondent did not deliver one ballot box and gave no explanation why.

Results of the recount indicated that Oyioka led with 8,967 votes while Opore had 8,963 votes.

However, it was discovered that Forms 35 were missing from the ballot boxes in five polling stations of Nyamagundo Farmers, Bogitaa Nyasmerako and Rianayapora Riamontinga.