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Former MP contests poll nullification

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Published on Saturday, 17 January 2009 22:33

Former Bomachoge MP Joel Onyancha has moved to court to challenge the nullification of his election.The election of Mr Onyancha as the area MP was nullified on December 19, last year by the High Court citing irregularities.

But the MP wants the decision reversed saying the said irregularities were not proved as per the required standards. In an application which certified as urgent by the Court of Appeal, Mr Onyancha said he fears that House speaker Kenneth Marende might declare the seat vacant come January 19 as required by law.

He says in his court papers that the High Court decision has already been forwarded to Mr Marende. Mr Onyancha says that with the disbandment of the Electoral Commission of Kenya last December, Bomachoge residents are panicking as they might not have a representative in Parliament if his election is nullified.

Mr Onyancha, of Ford People, became the first MP in the 10th Parliament to lose his seat through a petition. Although he lost the seat, Mr Justice Daniel Musinga absolved him of blame saying ECK was responsible for the mess. The Judge ordered ECK to pay the costs of the suit.

In nullifying the election, Mr Justice Musinga said the returning officer, Mr Tobias Macharia and other ECK officials in the district failed during the electioneering process. He said there were no complete Forms 16A and was therefore not possible to certify who won.

ECK had declared Mr Onyancha the winner after garnering a total of 9,076 votes against Mr Simon Ogari’s 7,221. Mr Ogari and another loser and Mr Zephaniah Nyang'wara, went to court and successfully challenged the election. The Judge ruled that the elections were not conducted according to the laid down procedures. He said the ECK failed to safeguard vital election materials before and after declaring the winner in the December 27, 2007 election.

“It cannot be said that the election was conducted in strict compliance with the relevant law and particularly the National Assembly and Presidential Elections Act and other regulations made there under,” ruled the judge. Mr Onyancha, however, was dissatisfied with the judgment and convinced the court that he has an arguable appeal.