• Jalang'o Midiwo, an aggrieved MP hopeful in the nominations told a three member appeal tribunal sitting in Kisumu that violence was meted on his agents in various polling stations.
• Midiwo also claimed that Gem MP Elisha Odhiambo had a hand in the change of presiding officers hours to the nominations.
Image: THE STAR
Voter intimidation and widespread violence substantially affected the outcome of ODM primaries in Gem.
Jalang'o Midiwo, an aggrieved MP hopeful in the nominations told a three member appeal tribunal sitting in Kisumu that violence was meted on his agents in various polling stations.
The appeals tribunal held its hearings at Rockwell hotel in Kisumu under the chairmanship of Fredrick Orego.
Midiwo, who is ODM party boss Raila Odinga's cousin, told the bench that the violence had massive impact on the results announced by the party at the Siaya Institute on Tuesday last week.
Gem MP Elisha Odhiambo was declared the winner of the contest.
Through his lawyer Thomas Atego, Midiwo also claimed that the distribution of kits and recruitment of poll officials was not impartial as it favoured the MP.
Atego put the panel through violent incidents in some of the polling stations on the nomination day which he said was reported to the police at Yala police station.
In one incident, a female MCA contestant was attacked and her phone stolen, Atego said.
He said voters who had turned out to cast their ballot witnessed the incident.
According to the advocate, the violence was intended to intimidate and scare voters to the advantage of the MP.
"There was a clear pattern of wide voter intimidation and violence across the constituency," Atego said.
The Election Offenses Act criminalizes voter intimidation and violence.
"ODM code of conduct also require all aspirants to uphold peace and anyone engaging in acts of violence risk being disqualified," the lawyer said.
Midiwo also claimed that the Gem MP had a hand in the change of presiding officers hours to the nominations.
He said the presiding officer at Karuwa polling station where he voted was changed hours to the polls.
"It is strange that the MP was the only aspirant who had knowledge about the changes because he says he was privy to it in his sworn affidavit," Midiwo's advocate said.
In a filed response, Odhiambo stated in his affidavit that the presiding officer fell ill and had to be changed.
"In this particular polling station, 428 people voted according to the MP in his affidavit," Midiwo said.
However, results announced at the tallying center in Siaya indicate that over 700 votes were unaccounted for at Karuwa polling station.
"In regards to poll results from the returning officer there was voting that took place at St Teresa school in Yala township Ward. The truth is, the station was not listed for the exercise since it had been merged," Midiwo said in his submissions before the tribunal.
He also claimed that the MP's supporters were campaigning in polling stations on election day.
Odhiambo, however, dismissed Midiwo's claims saying they were based on hearsay.
The legislator's lawyer, John Were, said the alleged attack in Yala happened elsewhere and Midiwo failed to link the attackers to the MP.
"It isn't clear who took the pictures of the victim of the alleged attack in Yala and their authenticity can't be ascertained," Were said.
Odhiambo said there was no evidence of the said weapon that was recovered as claimed by the petitioner.
"The OB annexed were not stamped or dated and as such is not legitimate," his lawyer said.
"For the petitioner to purport that those who were behind the attack were linked to the MP is false. Polling stations had voters who support various candidates," Were added.
The MP said Midiwo failed to provide eye witnesses to the attack that allegedly happened at Kagilo polling station.
"He has also failed to provide voters' register to confirm that the people presented before the tribunal as voters are registered as ODM members. All the witnesses are partisan," he said
"Nobody has been charged or convicted in the case mentioned. The people who were arrested have all been released," Elisha's lawyer added.
He said the police found the allegations baseless and released the suspects who are expected to appear before the police on Wednesday, April 20.
The tribunal also handled appeals for South Gem, Central Gem, East and North Gem and Yala township Wards.
The tribunal is expected to release its verdict by 6 pm Tuesday, chairman Fredrick Orego said.