Petitioner claims Independent Electoral and Boundaries Commission refused to clear her

By Alex Namuliro

Kakamega, kenya: The full hearing of the election petition against Kakamega Governor Wycliffe Oparanya commenced Thursday before High Court Judge Juma Chitembwe.

The petitioner, Mabel Muruli, who intended to run as an independent candidate but never did told the High Court in Kakamega that the returning officer and Independent Electoral and Boundaries Commission (IEBC) denied her a chance to be cleared to run for the seat.

“The returning officer was unreasonable and incompetent in interpreting my academic qualifications, there was also a well calculated conspiracy to intentionally bar me from vying for the seat,” Muruli said during cross-examination by lawyer Ken Nyaundi.

She further told the court the returning officer shouted at her claiming he was under strict instructions not to clear her. He did not however, tell who gave the instructions.

“I made an effort of personally visiting the IEBC Chief Executive Officer James Oswago but he blankly told me they were not going to clear me,” she added.

Muruli told Justice Chitembwe to nullify the election because she believes although Oparanya won, she could have beaten him had she been cleared to contest.

“Your honour, Oparanya benefited from a flawed exercise and the whole process was fraudulent as we saw in the videos. Therefore, it is my right to be given a chance to face the electorate. There was a conspiracy to block me from vying,” she said.

Earlier, Oparanya was on the receiving end after the judge declined an application by his lawyer to strike out evidence from the petitioner’s witness, which contained video footage evidence.

The Governor had filed an application seeking the judge to dismiss footage from two witnesses, Stanlus Anami and Victor Shivega, who had earlier sworn their affidavits separately.

The two witnesses had CD recordings that had some evidence about the case and wanted it to be included as evidence.

“The electronic material do not meet the standards as per the evidence act, it is highly volatile and subject to manipulation to create images that are not true,” lawyer Nyaundi told Justice Chitembwe in his bid to have the application denied.

After declining the request, Justice Chitembwe allowed the two video footages to be played before the court. 

In one of the video footage, it showed the Governor issuing an envelope containing money.

It could be clearly heard the crowds complaining in their local language that the money was not enough with a voice lamenting that Oparanya should add more.

Another witness, Stanslus Anami, also told the court how he witnessed the Governor issuing an envelope in a church where he told the congregation to vote for him.

Based on this, Muruli wants the court to nullify Oparanya’s win saying IEBC refused to give her a certificate to allow her contest for the seat claiming that she did not have a university degree recognised by the Commission of Higher Education.

The case continues today and more witnesses are lined up.