|Justice Muchelule cited cases of irregularities into the election of Governor Cornel Rasanga pictured|
By Standard Digita Reporter
By Standard Digital Reporter
NAIROBI, KENYA: ODM party has welcomed court ruling on Friday morning nullifying the election of governor Carnel Amoth Rasanga as Siaya County governor.
The party sympathised with Rasanga calling on its members and supporters in Siaya County to remain steadfast now and during the by-election when it is called.
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“Following High Court ruling in Kisumu that nullified the election of Rasanga, the Orange Democratic Movement (ODM) wishes to sympathise with Mr. Rasanga, a Life Member of the party for the invalidation of his election,” said Secretary general Peter Anyang Nyongo.
“We respect Hon. Justice Aggrey Muchelule's wisdom in nullifying Rasanga's election on March 4th 2013 and subsequent calling for a by-election to fill the vacant seat,” he continued.
“The ODM wishes to urge her members and supporters in Siaya County to remain steadfast now and during the by-election when it is called.”
In a statement to newsroom, Nyongo also said the struggle for stronger Counties through adequate funding is paramount hence the need for concerted and unwavering unity of the party membership and supporters at all times.
High Court Judge Aggrey Muchelule nullified March 4 election results for Siaya gubernatorial seat on Friday.
In his ruling, Justice Muchelule cited cases of irregularities into the election of Governor Cornel Rasanga. He said the Governor was not validly elected and called for a by-election.
The Judge said the petitioner; National Alliance Party of Kenya’s candidate William Oduol had succeeded in convincing the court that the election was not free and fair.
The court also slapped Rasanga and the Independent Electoral and Boundaries Commission (IEBC) with costs of the suit amounting to Sh3million to be shared between them.
He also ordered for the security amount that Oduol gave for the petition to be released.
“The credibility of results in Siaya County were smeared and taunted,” said Muchelule.
The court relied in the recount of votes in Gem, Bondo and Rarieda constituencies, and Nyasanda and Awelo Primary schools in making its verdict.
Muchelule noted that the ballot boxes were tampered with before the recount was ordered , saying IEBC was mandated to safeguard the votes having been the custodians.
“IEBC did not inform the Deputy Registrar of courts that there might have been tampering with the votes," said Muchelule.
He said one of the witnesses told the court after the recount that they realised the warehouse in which the ballot boxes were kept had an opening on the iron sheet.
“It wasn’t noted that seals were missing or replaced from the ballot boxes,” said Muchelule.
He also pointed out various instances of election malpractice evident during the campaign period after nomination of candidates.
He said the act whereby the petitioner’s portrait was superimposed with those of President Uhuru Kenyatta and his Deputy William Ruto did not favour the candidature of Oduol because Siaya is a pro-ODM area.