ODM violence caused voter apathy in Homa Bay – Kidero

Voter apathy occasioned by violence caused by ODM sympathisers and candidates rendered the Homa Bay governor election a sham whose results should be nullified, a court heard on Wednesday.

Former Nairobi Governor Evans Kidero said the violent environment during August 9 polls forced many of his supporters to keep away from voting.

Kidero has challenged Governor Gladys Wanga's victory in court.

He was testifying before Justice Roselyn Aburili, who is hearing the petition at the Homa Bay High Court.

Kidero, who ran against Wanga as an independent candidate, argued that the low turnout negatively impacted the total number of votes Azimio One-Kenya presidential candidate Raila Odinga garnered in the election.

According to IEBC results, Raila got 399,815 votes while his main competitor, President William Ruto, got 3,490 votes in Homa Bay county.

Homa Bay has more than 551,000 registered voters.

Kidero, who testified as the 14th witness in the case, claimed the violent environment occasioned only 64 per cent of registered voters to turn up on the day of elections.

He said in previous elections, the voter turnout has been more than 80 per cent.

“It’s true that the effect of violence caused voter apathy in Homa Bay. It had direct effects on votes the candidates in the elections received including that of Raila,” Kidero told the court.

The former governor had accused Wanga of using youth to cause chaos and win the election.

In the petition, Kidero said violence contributed a lot to the irregularities and malpractices they witnessed in the Homa Bay election.  

He has listed the Independent Electoral and Boundaries Commission as the first respondent, while Homa Bay IEBC returing officer Fredrick Apopa is the second witness.

Wanga, her deputy Oyugi Magwanga and ODM party are the third, fourth and fifth respondents respectively.

In his more than five hours testimony and cross-examination, Kidero termed the election process in which Wanga was declared the winner invalid and a fraud.

In the election, Wanga emerged victorious by garnering 244,559 votes while Kidero got 154,182 votes. Mark Rabudi of UDA got 1,244 votes.

“The violence made them get a good opportunity to subvert the will of the people. The respondents colluded interfered with the integrity of the election,” he added.

In his sworn affidavits, Kidero argued that there was an alteration of election results in Form 37A at a number of polling stations in Suba South, Suba North and Karachuonyo constituencies.

His agents were denied entry to some polling stations.

 “My agents were denied access to polling stations through act of violence,” Kidero said.

He said the violence did not only begin on election day but during campaigns period.

Kidero said he raised complaints with Homa Bay county commissioner Moses Lilan about the violence during campaigns.

He claimed that at some polling stations, voters were assisted to vote subjectively.

However, Wanga’s lawyer lawyers Charles Kanjama, Fredrick Orego and Jackson Awele challenged Kidero to substantiate the issues with evidence.

Kanjama argued that Kidero became bitter and fell out with ODM after he failed to get the party ticket to run for Homa Bay governorship seat.

“Two opinion polls released ahead of giving the party ticket showed that Kidero was not popular. Wanga was rated high in all of them,” Kanjama said.

Orego argued that Kidero did not provide a list of agents whom he claimed were forcing voters to declare the governor candidate they were going to vote for in order to assist them.

 “You have said that you can’t name the agents who went contrary to election law by asking voters their preferred candidate in the governor seat,” he said.

On the issue some agents were denied entry into some polling stations and yet their signatures were appended on the required forms, Awele asked Kidero to clarify to the court whether his agents disputed results before declarations were made.

“In Ringa polling station in Kabondo Kasipul, you said your agents were denied entry yet they signed,” Awele said.