Moses Malulu's election victory as Malava MP upheld

Seth Panyako. Justice Rechel Ngetich said Panyako's petition was not supported with binding evidence. [Jackline Inyanji, Standard]

"That cannot be the truth as the IEBC hired vehicles from Panamarc Transport Company Limited based in Bungoma. The company transported all our electoral materials in Malava and Matungu constituency," Samba said before Justice Ngetich.

"The KIEMs kits failure also did not affect Panyako alone by making his supporters give up on voting as he alleges," he said.

Panyako had alleged that there was a deliberate failure of the KIEMS kits and that the IEBC did not use them to identify voters in half of the polling stations within Malava constituency, partly as a "voter suppression strategy".

In his defence, Malulu said he neither sponsored violence nor bribed voters as Panyako alleged.

He said that on the material day of voting, he turned up to cast his ballot and greeted a few voters who acknowledged his presence and that could not amount to bribery.

"I later on left for my home and waited for the tallying and announcement of results without influencing anyone to engage in violence," he said.

Panyako sued the IEBC, its Malava returning officer Juma Joseph Oduor, and Malulu saying the three-term MP, among other things, took to giving voters money on queues in several wards including Chemuche, Manda Shivanga and Kabras East.

He attached an affidavit, including that of his agent Joseph Werabunuku who claimed he raised the bribery allegations with IEBC officials but was put off.