Now TNA suffers setback as Bomachoge Borabu MP loses seat
KISII, KENYA: The National Alliance ( TNA)’s Joel Onyancha has suffered yet another setback in his political career when the Kisii high court annulled his election as Bomachoge Borabu MP.
This follows a successful petition filed by poll losers Peter Kimori and Albert Nyaundi challenging Onyancha’s election citing massive irregularities during the March 4, 2013 general elections.
In 2009, Onyancha became the first MP in the country to lose his seat after the 2007 general elections following a successful petition filed by current Bomachoge Chache MP Simon Ogari.
Delivering his judgment, trial judge Justice Edward Muriithi said Onyancha was not validly elected as MP because his win could not be verified and electoral laws were flouted.
Citing Senta polling station where a presiding officer filled form 35 at the tallying centre while the law prescribes that it be filled at the polling station, Justice Muriithi said this lent credence to claims of malpractice by the petitioners.
The judge ordered IEBC, due to its errors of commission and omission, to pay costs to the petitioners and the first respondent totaling Sh 2 million.
“Why did the vehicle carrying results from Senta polling station take six hours from the polling station to the tallying centre barely six kilometers away? Why did the Presiding Officer appear confused? Where are the unused ballot papers and their counterfoils?” posed the judge in his verdict.
Onyancha was conspicuously absent throughout as the judge read the judgment before a packed court. The jubilant petitioners, Nyaundi and Kimori addressed their supporters outside the court and exuded confidence of emerging victorious in the by election.