They 'killed' me to take my job, ODM official tells court

By - Jan 1st 1970

An ODM party official told the High Court in Homa Bay that someone “killed him” in order to depose him.

The chairman of ODM in Ndhiwa, Ogina Nyabola, told the Homa Bay High Court he was surprised to find himself listed by the party among dead officials.

He first heard the news as a rumour while campaigning in Ndhiwa in the last General Election.

Nyabola wondered why the party records indicated that he was death when he testified during the hearing of the Homa Bay governor election petition filed by former Nairobi Governor Evans Kidero to challenge the victory of Governor Gladys Wanga.

Kidero has also sued the IEBC, Homa Bay County Returning Officer Fredrick Apopa, Deputy Governor Oyugi Magwanga, and the ODM party in the petition.

The news of Nyabola’s death compelled him to travel to the party headquarters in Orange House, Nairobi, to ascertain the truth.

When he went to Nairobi, Nyabola discovered the allegation was true.

Deceased official

He testified before Justice Roselyne Aburili that ODM records showed him as a deceased official who had to be replaced.

“I went to the ODM headquarters and discovered that the party records showed that I was deceased.” 

Nyabola, who testified as Kidero’s witness in the case, said he attempted to find out who informed the ODM party that he had died. However, he was unable to find an answer.

Wanga and Magwanga’s lawyers, Fredrick Orego and Jackson Awele, asked Nyabola to name the person who informed the party that he was dead.

However, Nyabola said he had not received the information as of yet.

“I also asked party officials at the headquarters how information about my death was relayed to them. However, no one knows the answer,” Nyabola said.

Instead, he was given permission to return home and resume his duties as ODM chairman in Ndhiwa constituency. He also did not pursue legal action against the individual who reported the fake death to the ODM party.

“I didn’t want to raise too many questions about the situation. They confirmed my existence and reinstated me to continue with my duties as the party chairman in Ndhiwa,” Nyabola said.

He also complained that, despite his reinstatement, he is not involved in party activities in Homa Bay County. He added that there were plans to remove him from his position once more.

“I am no longer involved in ODM activities at the county level. Things that happened while I was away are only told to me later.

“There is a conspiracy to remove me from this position at the county level, despite the fact that the party has not held any elections,” Nyabola said.

Nyabola turned against his party by testifying against it.

He told the court ODM violated the definition of democracy by subverting the will of the people by issuing a free nomination ticket for the Homa Bay governor seat in April. 

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