Kisumu court nullifies East Kano/Wawidhi MCA's election.
By RUSHDIE OUDIAbrEast Kano/Wawidhi MCA John Kennedy Ageng'o on Friday suffered a major blow after a Kisumu Court nullified his election.Mr Ageng'o was further slapped with S00,000 litigation costs for the petition.
The court ordered that a fresh poll be conducted.The petition against the independent candidate was filed by ODM's Julius Ochieng Omoro, who wanted to be declared the bona fide MCA or for the court to order a repeat election.
Mr Omoro had accused IEBC officials of campaigning for Mr Ageng'o.He had further claimed that dead people had been recorded as having voted, and he demanded that the results for some polling stations be nullified.
The petitioner had asked that the ballot boxes for at least eight polling stations be produced for further scrutiny and a recount. This was granted and the recount revealed irregularities.
He also wanted the BVR kits for the stations be brought to court for verification of the figures.While delivering the judgment, Chief Magistrate Julius Ng'arng'ar said the election was faulted on the grounds that IEBC officials violated the Constitution.
"There were instances where crucial documents were not signed without reasons being assigned and in some cases there were votes that were not correctly counted hence, affecting accuracy of the results," said Mr Ng'arng'ar.The magistrate pointed out that wrongful entry of votes and allocation during counting and tallying affected the final results.
He gave an example of Nyakongo polling station where the petitioner had 59 votes not counted in his favour yet no explanation was offered by the responsible officials."This in more specifically so when a sample is scrutinised and yields such a figure of over 60 votes given the difference in the margin is not that big between the declared winner and the second candidate," said Mr Ng'arng'ar.
Mr Ageng'o garnered 2,317 votes against Mr Omoro's 1,921.The magistrate added: "In Apondo polling station, the petitioner had been allocated 216 votes but in recount it was found that instead he had 275."The petitioner had claimed that his agents were locked out of the polling station and later ballot papers were marked and stuffed in the ballot boxes.He also alleged that IEBC officials tampered with the results of the poll by breaking seals of the ballot boxes in his agents' absence.
The court directed that a certificate of determination be issued to IEBC and the Speaker of the County Assembly of Kisumu.