Witnesses contradict police over Matungu by-election chaos

Witnesses in the petition challenging the election of Matungu MP Peter Nabulindo gave different accounts in court from those in police records and their own sworn affidavits.

They were testifying on the alleged violence and other electoral malpractices during the March by-election.

Witnesses Moffat Mandela, Nabii Nabwera, Boniface Odunga and Mercy Akoth testified on Wednesday as the hearing of the petition entered day two

They were testifying for petitioner David Were of ODM. Were has sued the IEBC, Matungu returning officer John Kirui and Nabulindo for his poll loss. He wants the election nullified.

Mandela and Nabii told the court they were blocked by ANC supporters led by Kakamega Senator Cleophas Malala as they drove to Mwira Primary School polling station. They said they were beaten up and robbed of cash, but both were non-committal on the exact time the attack happened.

When cross-examined by lawyer Moni Mukele, representing the Independent Electoral and Boundaries Commission, on why an election offence was not specified in the criminal charge sheet, both Mandela and Nabii could not respond.

Odunga, who in an affidavit before the court alleged he was shot as he queued to cast his vote at Munami Primary School polling station, changed the story in his oral testimony, saying he was attracted to the polling station when violence reportedly erupted.

The court heard that Odunga, who claims to have been shot by Senator Malala’s body guard Joel Wekesa, was a boda boda operator at Munami market and a voter at Namberekea primary polling station.  

Odunga denied he was among those who shipped chaos to Munami polling station.

Asked about the variances in his statements, he told the court that the difference was caused by the pain he was in at the time the police took his statement. 

In her affidavit, witness Akoth claimed she was abducted at gunpoint at her home in Munami by Senator Malala and goons. She claimed she was tortured for about 30 minutes and driven and dropped off near Munami polling station.

But her statement to police indicated she was assaulted by ANC supporters and robbed of Sh100,000.

Akoth, while being cross-examined by defence lawyers Michael Osundwa, Charles Malala and Mukele, was at pains to explain why she failed to mention Senator Malala abducted her at gunpoint in her statement to the police.

In the case, former MP Were is being represented by lawyer Ken Nyaundi. The IEBC and the returning officer are represented by Mukele.

Osundwa is representing Nabulindo, while lawyer Malala is representing the senator who was enjoined in the suit as an interested party.

Were told the court that he relied on witness accounts and testimonies to lodge the petition.

He said although he did not have specific issues with the poll results, he had his doubts. 

The former MP said he did not personally scrutinise the final results declaration Form 35B and did not peruse the polling station results declaration Form 35A.

He told the court that the election was characterised by rampant voter bribery, widespread violence targeted at his strongholds by opponents and abduction of his agents.

“I visited about 20 of the 116 polling  stations in the constituency on the polling day, but I did not personally witness the atrocities visited on my supporters," Were said.

"I was told some of my agents were abducted, denied entry to polling stations, stabbed and heard that two IEBC officials were beaten up.”

In the affidavit, Were alleged that his agents were denied entry, but when the evidence was tested on cross-examination, he only remembered Namulungu ACK, Namulungu Muslim and Mukhweya polling as places his agents were denied access.

The court heard that Were, who complained bitterly in his affidavit about police harassing his supporters, did not file any complaint to the IEBC or police.

Hearing of the petition closes on Friday.

Edited by A.N