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Defiant Onyancha not yet ready to call it a day

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Published on Monday, 05 January 2009 21:38

Two weeks after losing his parliamentary seat in an election petition, Bomachoge MP Joel Onyancha still enjoys the trappings of an Assistant Minister. The National Heritage Assistant Minister still has his official GK car and two bodyguards.

And yesterday, despite the court verdict, a defiant Onyancha held a homecoming party and maintained he was still the area MP. A convoy of 40 vehicles escorted Onyancha, in his first public appearance since the ruling that annulled his election last December, to Kenyenya sports ground for the party.

Hundreds of people, some ferried in hired buses, gathered at the grounds to listen to the MP. But there was no feast associated with such ceremonies.The PNU legislator lost his seat after a successful petition filed at the Kisii High Court by two parliamentary losers. Mr Justice Daniel Musinga ruled that the Bomachoge election was not free and fair and consequently annulled the results. He also ruled that the returning officer did not safeguard vital election materials before and after the election.

The judge ordered the second respondent, Mr Tobias Gitahi Macharia, who was the returning officer, and the ECK to bear the costs of the petition.

Not Guilty

Bomachoge MP Joel Onyancha arrives for his homecoming at Kenyenya sports ground in the constituency, Saturday. [PHOTO: KENAN MIRUKA/STANDARD]

"I was absolved of any wrong doing by the court. Why should I suffer for somebody else’s sins?" Onyancha posed. "I came to ask if you are satisfied with the ruling or we should appeal. Since ECK was disbanded, how long shall Bomachoge be without MP? This is why I have appealed," he explained.

He maintained that he won the election by 12,195 votes but only 9,076 votes were declared by the returning officer. "I cannot talk about the merits or demerits of the case but let us wait for the Court of Appeal’s verdict," he added.

Drawing parallels with Jesus’ tribulations, Onyancha said he was declared MP on a Friday, December 28, 2007, and the court ruling was on Friday, December 19, 2008.

"Even Jesus who healed cripples was crucified on a Friday. I have also come to you on a Friday," he said.

"This shame is not even a quarter of what Jesus went through but pray for me and we will succeed," he told his supporters. Responding to remarks by some speakers that some politicians were interfering with area issues, he asked his counterparts in Bobasi and South Mugirango constituencies to keep off Bomachoge politics.

However, many local political pundits read the move as an early campaign scheme just in case of a by-election was called. Musinga had ordered that the certificate declaring him MP be returned to the Speaker of the National Assembly.

Speaker’s Writ

"There is no certificate to be returned. The court decree or ruling is the certificate the Speaker receives. As to when writs will be issued, that is the Speaker’s realm but he has the prerogative to take up to one month before acting," Onyancha argued. Bomachoge constituents will now have to wait longer before knowing the fate of the parliamentary seat now that Parliament is on recess. The Interim Independent Electoral Commission is yet to be constituted as well.

Internal Security Assistant Minister Orwa Ojode however came to the defence of the Bomachoge legislator. Ojode said Onyancha still remains an MP and will continue to enjoy the privileges of being an MP and assistant minister.

Ojode said only the Speaker of the National Assembly will declare his seat vacant."Before the Speaker issues writs, Onyancha remains an MP and assistant minister regardless of the court ruling. He is entitled to the bodyguards," he said.