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Councillor Loses His Seat Due To Poll Anomalies
- Details
- Published on Wednesday, 18 July 2007 02:55
Kisii Chief Magistrate Jacob Ombonya yesterday ruled that the Electoral Commission erred by declaring Mr Josephat Machuki the councillor for Nyangusu Ward in the last election.
The court directed that fresh elections be held.
A Narc candidate in the December election, Mr Albert Manyange Nyangena, had petitioned the election of Mr Machuki, saying it was unconstitutional.
He had accused Returning Officer Fanwel Kambonga of ignoring electoral rules requiring him to announce the results at the counting hall.
Mr Nyangena's lawyer said: "The official declined to read the results which showed my client had won and privately declared Mr Machuki the winner."
He tabled a form, signed by all candidates, showing the Narc candidate had garnered 1,412 votes, Mr Machuki 1,200, Kanu's Jeremiah Omworo 380 and SDP's Peter Rabura 226.
In the petition, Mr Machuki and his agents were accused of unleashing terror on his opponents' supporters, scaring off voters.
Lawyers for the Electoral Commission and the returning officer did not oppose the petition, saying there were anomalies in the poll.
Meanwhile, a petition against Turkana South MP Francis Ewaton has been referred to the Chief Justice for directions following a successful application by the petitioner's lawyer.
Mr Justice Alex Etyang also directed that further proceedings in the election petition be stayed pending the determination of the constitutional reference.
The Electoral commission and Turkana South returning officer Paul Tororei wanted the petition by Mr Jackson Ekaru Nakusa dismissed because he had not deposited Sh250,000 as security.
On his part, the MP wanted the case dismissed, saying Mr Nakusa did not serve him with the petition papers within 28 days after the publication of election results.
But Mr Justice Etyang said the petition had cited Section 84 of the Constitution, which deals with the Bill of Rights, and the matter should, therefore, be determined by such a court.
Earlier, the petitioner's lawyer, Mr Gitobu Imanyara, said the Sh250,000 deposit rule was an obstacle in seeking redress in the High Court.
He added that it also discriminated against poor people and marginalised communities
