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Election Team To Discuss Magara

The Electoral Commission will tomorrow discuss the violence aimed at its officials during the South Mugirango by-election. Mr. Justice William Mbaya, the commissioner in charge of the South Mugirango by-election, said he would raise the issue at a Commission meeting to be held in Nairobi.

He was reacting to reports of an attack on the presiding officer at the Riosiri polling station, Ms Lillian Mogendi, during voting on Friday.

The election, contested by six candidates, was won by Ford-Kenya's James Magara.

Speaking to the Nation at the Nduru Secondary counting hall on Saturday, the retired judge said the Commission was likely to recommend court action against Local Authorities Assistant Minister Joseph Kiangoi and Kanu activist Sam Nyamweya over the complaints.

Mr. Kiangoi is alleged to have slapped Ms Mogendi during an argument over voting documents while Mr. Nyamweya is said to have punched her assistant, Mr. Acira Vetalis.

Both Mr. Kiangoi and Mr. Nyamweya have denied the reports.

"This incident is shameful and disgraceful. It is demeaning for senior leaders in the Government to bend so low as to assault junior election officials, disrupting an election process!" Mr. Mbaya said.

Gucha District Commissioner Hassan Noor and the divisional police chief, Mr. Burudi Makokha, said the police would act on the assault reports after the victims record statements.

The DC said police "were still investigating" the incident involving the two presiding officers and would "take action after establishing the facts".

Speaking at Nduru on Saturday, Mr. Makokha said he expected the victims to record statements "after recovering".

Sources said Ms Mogendi, a tutor at Nyanchwa Teachers' Training College, had threatened to close down the station, as she felt threatened.

However, she was prevailed upon not to do so by the deputy returning officer, Mr. Ahmed Hussein, and a senior police officer, who guaranteed her security.

The returning officer, Mr. Stephen Miriti, said he had "advised the victims to record a statement with the police".

Ugenya MP James Orengo pledged to assist Mrs Mogendi to institute a private prosecution against her alleged assailant.

Speaking outside the Ndura counting hall on Saturday, in the company of MPs Mukhisa Kituyi, Henry Obwocha, Alfred Nderitu, Jimmy Angwenyi and Zebedeo Opore, Mr. Orengo said the MPs would ensure the victims take the minister and the Kanu official to court.

They accused the Government of trying to frustrate multi-party democracy through State-sponsored violence.

Ufungamano Commissioner Geoffrey Masanya said he would mobilise the business community in Nyamira to raise funds to enable Ms Mogendi and Mr. Achira to bring a private prosecution against the two Kanu men.

Mr. Masanya, a businessman and the local DP branch chairman, claimed Mr. Kiangoi had embarrassed his constituents.

The commissioner said he had spoken to Ms Mogendi, who had asked for assistance in bringing a court action.

Yesterday, Mt Kiangoi and Mr. Nyamweya maintained that they were innocent, saying the reports were "fabricated by the Opposition".

Mr. Kiangoi termed demands by Law Society of Kenya Chairman Gibson Kamau Kuria that they be arrested for the violence "partial".

He asked Dr Kuria to await investigations into the incident "before issuing sweeping statements".

The two condemned the violence in the region and wished Ford Kenya's MP-elect Magara and Kisii Kanu chairman Geoffrey Asanyo quick recovery.

They said the win by a Ford Kenya candidate did not mean that former Finance Minister Simeon Nyachae had any influence in the area.

Mr. Nyamweya said the vote difference was "too narrow to allege that Mr. Nyachae enjoyed fanatical support".

"Mr. Nyachae doesn't belong to Ford Kenya, he has no party," he said.


Mr. Magara was yesterday flown to Nairobi from Tabaka, where he was admitted after being assaulted during the voting.

He had received serious head and arm injuries when he and his brothers were waylaid by a gang in a white Land Rover on election day.

Former Finance Minister Simeon Nyachae visited him at the Aga Khan Hospital, Nairobi, yesterday.