Western anxious as court delivers Wetangula ruling on Monday

By Stephen Makabila           

Senate Minority leader Moses Wetang’ula will know his fate tomorrow when the High Court in Bungoma delivers a verdict in a petition filed against him by former Nominated MP Musikari Kombo.

Two weeks to the deadline on election petition rulings, focus has shifted to the Bungoma ruling, whose outcome will have a significant impact on Western region’s political dynamics. 

By virtue of his position in the Senate and as one of the CORD principals, Wetang’ula, who is also Ford-Kenya party leader, is currently the senior-most politician in the region. At the national level, he is the only CORD co-principal holding an elective position.

A charismatic leader with oratory ability, the former Foreign Affairs minister has emerged as an influential leader of the populous Bukusu community, and many will be waiting for the ruling with bated breath.

His Ford-Kenya party swept majority seats in Bungoma and Trans-Nzoia counties. The party won two senate seats, Trans-Nzoia county governorship seat, two parliamentary seats in Trans-Nzoia and four parliamentary seats in Bungoma County.

Nationally, according to records by the Centre for Multi-Party Democracy (CMD), Ford-Kenya has 11 MPs, one governor, five senators, and 41 county representatives.

An earlier vote recount ordered by Bungoma High Court in 49 out of 802 polling stations showed Wetang’ula leading. Wetang’ula led with 11,601 votes against Kombo’s 10,498 after the recount, whose results were released last month.

Petition rulings over the week saw three governors, two senators and 10 MPs survive.

Those who survived include  Mombasa Governor  Ali Hassan Joho, Meru Governor Peter Munya and Garissa Governor Nathif Jama.

Senators who survived included Kwale county’s Boy Juma Boy and his Lamu counterpart Abu Chiaba.

However, Lamu Governor Issa Timamy of UDF lost the seat after his election was nullified by Judge Florence Mucheni.

MPs who survived include MPs Naomi Shaban (Taveta) and Benson Mutura (Makadara), Ababu Namwamba (Budalang’i), Omar Mwinyi (Changamwe) and Dr Paul Otuoma (Funyula). Others are Dan Wanyama (Webuye-West), James Lusweti (Kabuchai), Ali Wario (Bura), Ibrahim Abass (Ijara) and Twalib Badi (Jomvu). Pursuant to Section 75 of the Elections Act, all election petitions should be concluded within six months of being filed. That deadline falls on October 13, 2013, for all pending petitions.

Lunga Lunga MP Khatib Mwashetani was not lucky however, as his election was nullified. In the ruling on Namwamba, who is the chairman of the Parliamentary Public Accounts Committee, the judge cited insufficient evidence to warrant nullification of the results.

“Having analysed the issues raised by the petition and the evidence presented, the court is now in position to answer the question it was asked to determine.

The court concludes that the disputed election was conducted and managed very substantially and in accordance with the Constitution and the electoral process,” ruled Justice Francis Tuiyott. Garissa Governor Nathif Jama Adam of Wiper Democratic Movement saw his election as governor upheld.

Nathif argued he won the polls fairly. “The elections were credible, transparent, free and fair,” Nathif told Justice Alfred Mabeya.

On Monday, the High Court in Meru upheld the election of Governor Peter Munya. Judge Aaron Makau said the petitioner, Dickson Mwenda, did not adduce sufficient evidence to support his allegations of election malpractices.

Apart from Munya and Nathif, four other governors have in the past three weeks survived petitions, among them Nairobi’s Evans Kidero, Nyeri Governor Nderitu Gachagua, Kakamega Governor Wycliffe Oparanya, and Trans-Nzoia Governor Patrick Khaemba.

Early last month, the High Court in Garissa dismissed a petition challenging the election of Wajir Governor Ahmed Abdullahi.

Petitioner Mohamed Mursal, who finished third with a difference of 19,000 votes, went to court to challenge the election of Abdullahi.

Thrown out

Garissa High Court Judge Stella Mutuku dismissed the petition, saying the applicant could not prove beyond reasonable doubt that the allegations raised affected the final outcome of the polls.

But Siaya Governor Cornel Rasanga was not lucky, as his election was dismissed by the High Court in Kisumu, paving the way for the October 17 by-election, where he will be flying the ODM (CORD) ticket against the petitioner William Oduol. The petition rulings have also saved more than 10 MPs from going back to the ballot. Three MPs have so far lost their seats. While by-elections will be held in Kibwezi West and Matungulu, the Bonchari seat was handed to the petitioner. Zepedeo Opore lost his Bonchari parliamentary seat after the High Court in Kisii gave the petitioner, John Oroo Oyioka of Kanu, the seat.

Oyioka,  therefore, makes history as the first MP in the 11th Parliament to assume a seat after a successful petition without going through a by-election. Senator Chris Obure had his election confirmed in Kisii.

Justice Ruth Sitati of the High Court sitting in Kisii dismissed the petition filed by a voter, Charles Oigara, against Obure, for lack of sufficient evidence. Oigara was a chief agent for People’s Democratic Movement (PDP) party.

She ruled that Mr Obure garnered the highest number of votes and that the margin of errors during the transposition of figures from forms 35 to 36 were human that even if corrected, cannot affect the final tally.