•In the appeal, Gem MP Elisha Odhiambo and constituency returning officer are listed as first and second respondents respectively.
•The hearing to be presided over by the tribunal chairman Fred Orego will be held at 10 am in the forenoon or soon thereafter at Rockwell hotel, Milimani in Kisumu.
Image: DICKENS WASONGA
@alalmaurice
The ODM appeals tribunal will on Tuesday hear the appeal by Gem MP hopeful Jalango Midiwo over the party nominations in the constituency.
In the appeal, Gem MP Elisha Odhiambo and constituency returning officer Benson Wasonga are listed as first and second respondents respectively.
The hearing to be presided over by the tribunal chairman Fred Orego will be held at 10 am at Rockwell hotel, Milimani in Kisumu.
A notice dated April 17 by the tribunal secretary Barbra Malowa, the case has been set down for hearing of the statement of appeal of ODM nominations in Gem.
“Take further notice if you do not attend, the matter shall be heard and directions may be given your absence notwithstanding,” the notice reads.
The ODM national elections board chairperson Catherine Mumma, Midiwo and Odhiambo has been notified of the appeal.
Odhiambo was declared the winner and issued a certificate after getting 7,405 votes while Midiwo got 6,384 votes.
Midiwo has a team of lawyers to handle the appeal while Odhiambo will be represented by lawyer Fred Orwenjo.
Even as the appeals tribunal is set to hear the appeal, claims have emerged the team has been compromised to maintain the status quo.
When contacted Orego and Malowa did not respond to the allegations.
Last week, Midiwo disputed the results saying the exercise was flawed and marred with violence.
He is seeking nullification of the results and cites an incident where the police arrested suspects and confiscated weapons during nominations.
Midiwo alleged that a former councillor Emmanuel Ominde was attacked at Yala Township Primary School and rushed to hospital.
“He is one of my agents and didn't provoke his attackers but simply my supporter and represents my interest at the polling station,” he said.
But MP Odhiambo denied the allegations saying the nominations were peaceful.
He urged Midiwo to join hands with him to build the constituency.
“I won fairly. I hope he can concede defeat and not file petitions for the sake of Gem residents,” Odhiambo said.
In a police report through OB number 23 of 13/04/2022, it was reported that Gem Central ward aspirant Millicent Oloo and her bodyguard John Otieno were attacked by goons aligned to Odhiambo as they were heading to cast their vote at Kagilo polling station for supporting a different candidate.
The police report showed Oloo escaped unhurt while Otieno sustained bruises on the head, chest and ribs. After making the report, the duo was assisted by the police to go and vote.
In another case, through OB no.28 of 13/04/2022, police officers from Gem intercepted two motor vehicles of registration KCL 259 H white Prado and KBL 656 Q Voxy black at Ndegwe polling station, in North Gem ward.
The officers recovered one tear gas grenade, and six rolls of bhang.
They also arrested four suspects Bob Odhiambo (driver), Godfrey Odhiambo, Onyango Ouma and Oloo Awache.
Officers who were under the command of Gem OCPD Charles Chacha were responding to an outcry of members of the public who complained that hired goons were terrorising and planning violence.
In the second vehicle (KBL 656 Q), police recovered two knives and two rungus.
Six suspects Nicholas Ochieng, Samson Ochieng, Geoffrey Onyaiko, Samuel Otieno, Rodgers Omondi and Charles Opollo were arrested.
Others were Lyndon Onyango and Kevin Odhiambo who were hiding in a classroom.
The 12 suspects will be charged with election offences, possession of cannabis sativa, threatening peace, preparation to commit a felony and assault among others.
During the arrest one suspect, Bob Odhiambo attempted to reach out to the tear gas but he was subdued by the officers.
Edited by Kiilu Damaris