Court nullifies election of West Kasipul MCA

Oyugis court has nullified the election of West Kasipul MCA Vickins Bondo after finding irregularities in the results used to declare him the winner.

Senior Principal Magistrate Bernard Omwansa said he found small and numerous discrepancies that cumulatively caused a huge impact on the election outcome.

In the last year’s August 9 election, IEBC declared Bondo as the winner after garnering 4,041 votes against his main competitor Okeyo Ongili who garnered 3, 975 votes.

Ongili filed the petition on August 30, accusing the electoral agency of conducting an unfair election exercise.

In the case, IEBC was listed as the first respondent while Bondo was the second respondent.

Ongili contested the seat on the ODM ticket while Bondo ran as an independent candidate.

Omwansa said the election was closely contested and that any small manipulation could tilt the outcome.

According to the results announced, there was a difference of 76 votes.

“That the discrepancies though appear to be small cumulatively they are causing a huge impact since the election was closely contested. An order is hereby issued squashing a declaration of the second respondent as MCA elect and nullifying his certificate,” Omwansa ruled.

In his judgment, the magistrate directed a repeat election for the position of MCA.

Further argument revealed that IEBC could not be able to explain who between the petitioner and second respondent exactly won the election.

The court was also unable to verify and affirm that the election was administered in an impartial, neutral, efficient, accurate and accountable manner.

“The first respondent was unable to make good of the small discrepancies when the evidential burden was shifted. The first respondent is therefore directed to conduct a fresh election in compliance with the constitution and governing law,” he added.

 Other discrepancies noted when nullifying the election include the 78 ballot papers which could not be accounted for during scrutiny and verification of votes.

Some counterfoils did not match the ones used during elections.

Scrutiny and recount reports indicated that three votes were irregularly awarded to the second respondent.