An Interim Independent Electoral Commission commissioner has been accused of trying to derail the South Mugirango by elections. Mr Manson Oyongo, who filed the petition that led to the nullification of Mr Omingo Magara’s election, stated that the IIEC commissioner was a supporter of Mr Magara during the 2007 general elections.

“That individual is now part of the decision making process at IIEC and we feel that his participation in the impending election would be improper and partisan,” he said. The former South Mugirango MP lost his seat after the High Court in Kisii nullified the election.

Mr Justice Daniel Musinga nullified the election of Mr Magara on December 17 and according to the law, the House Speaker Mr Kenneth Marende would declare it vacant on January 17. Subsequently, Mr Magara who is also an Assistant minister of Trade vowed to fight to regain his seat. He has since filed a notice of appeal. "The courts cannot give somebody leadership and we are going to go back to the electorate to decide on who is best placed to represent them," he said after the nullification.

Justice Daniel Musinga described his re-election to Parliament in 2007 a nullity from the beginning. "The first respondent, James Omingo Magara, was not validly elected as the Member of Parliament for South Mugirango constituency," the judge said in his 104 page ruling. Mr Oyongo wondered why the electoral body seemed to shift positions after the chairman was quoted last week saying that the elections would not be delayed.

“It is a surprise that the IIEC chairman, Mr Issack Hassan, has written to the Speaker of the National Assembly asking for more time before the Speaker can issue writs as required by law,” the petitioner lamented. He further stated that Mr Hassan has not explained the cause of the delay.

“I am ready to participate in the by elections,” he said. “The IIEC has demonstrated its capability to carry out by elections as demonstrated in Bomachoge and Shinyalu constituencies,” he maintained. The people of South Mugirango, he said, need to have representation in Parliament. He further noted that CDF projects may grind to a stand still. The nullification of Mr Magara's election is the second election victory to have been rescinded by the High Court in Kisii.

In December last year, the court nullified the election of then Bomachoge MP Joel Onyancha. Mr Onyancha lost the seat in the subsequent by-election.