High Court Judge Aggrey Muchelule has nullified March 4 election results for Siaya gubernatorial seat.
In his ruling, Justice Muchelule cited cases of irregularities into the election of Governor Cornel Rasanga. He said the Governor was not validly elected and called for a by-election.
The Judge said the petitioner; National Alliance Party of Kenya’s candidate William Oduol had succeeded in convincing the court that the election was not free and fair.
The court also slapped Rasanga and the Independent Electoral and Boundaries Commission (IEBC) with costs of the suit amounting to Sh3million to be shared between them.
He also ordered for the security amount that Oduol gave for the petition to be released.
“The credibility of results in Siaya County were smeared and taunted,” said Muchelule.
The court relied in the recount of votes in Gem, Bondo and Rarieda constituencies, and Nyasanda and Awelo Primary schools in making its verdict.
Muchelule noted that the ballot boxes were tampered with before the recount was ordered , saying IEBC was mandated to safeguard the votes having been the custodians.
“IEBC did not inform the Deputy Registrar of courts that there might have been tampering with the votes,” said Muchelule.
He said one of the witnesses told the court after the recount that they realised the warehouse in which the ballot boxes were kept had an opening on the iron sheet.
“It wasn’t noted that seals were missing or replaced from the ballot boxes,” said Muchelule.
He said the act whereby the petitioner’s portrait was superimposed with those of President Uhuru Kenyatta and his Deputy William Ruto did not favour the candidature of Oduol because Siaya is a pro-ODM area.-standardmedia.co.ke
