Blow to Kidero as Court upholds Homa Bay Governor Gladys Wanga's election win
Homa Bay Governor Gladys Wanga. Court has upheld her election.
Former Nairobi governor Evans Kidero has suffered a major blow after the High Court upheld the election victory of Homa Bay Governor Gladys Wanga.
Dr Kidero, who had challenged Ms Wanga’s election, filed a petition seeking to nullify the process. But the court on Tuesday dismissed his prayers saying the governor was validly elected.
"The third respondent (Wanga) was validly elected in accordance with the law. I certify and declare Wanga validly elected," Justice Roselyne Aburili said on Tuesday.
The judge added that a certificate of determination will be issued to the Independent Electoral and Boundaries Commission (IEBC), the Speaker of the Senate and the county assembly.
IEBC announced Ms Wanga as the winner of the August 9 election with 244,559 votes. Dr Kidero came in second with 154,182 votes.
But the former city boss and his running mate Elijah Kodo claimed the poll was rigged in favour of their competitor whom they accused of engaging in electoral malpractices.
The judge highlighted 15 major issues in the petition.
The petition was dismissed with costs in which Dr Kidero will part with Sh3.5 million.
The Independent Electoral and Boundaries Commission (IEBC) and its returning officer in Homa Bay Fredrick Apopa will share Sh1 million, Ms Wanga and her deputy Oyugi Magwanga will share Sh1.5 million while the ODM party will receive Sh1m.
She said the court relied on evidence presented before it to give its verdict.
"Court depends on what parties present before it. Cases are either won or lost depending on the evidence presented before the judge," Justice Aburili said.
This meant that Dr Kidero was supposed to prove beyond reasonable doubt that he won the election but he was denied victory.
The court also checked on whether ODM had a hand in the August 9 election in Homa Bay.
According to Dr Kidero, the Raila Odinga-led party ensured the election was not free and fair.
In his petition, he said Mr Odinga's utterances that voters should use a six-piece voting system made some voters not to vote for candidates of their choice.
Read: Kidero seeks Homa Bay election material from IEBC, to challenge Wanga win
He added that the party did not ensure a fair nomination process after it issued Ms Wanga with a direct certificate.
During rallies, he said, the governor and her party leader campaigned to ensure he did not get support.
But the judge said everyone had the freedom to campaign and Mr Odinga's presence in Homa Bay did not break any law.
"Raila is entitled to exercise his right to campaign for a candidate of his choice. He was more obligated to campaign for Wanga," she said.
The court also said people have different ways of asking for votes and that Dr Kidero left the ODM party and Mr Odinga had no obligation to campaign for him.
Justice Aburili added that a witness told the court that Dr Kidero failed to attend a meeting in Nairobi that determined who gets the ODM certificate.
"He would have raised issues if he attended the meeting," the judge said.
Further, Dr Kidero failed to prove that the nomination process affected his election.
On allegations of vote stuffing, Dr Kidero claimed results were altered in favour of his competitor.
He questioned why there were discrepancies in the number of votes cast for governor, senate, woman rep and presidential seat when all voters were given six ballots.
According to him, inconsistencies showed there was ballot stuffing.
During the hearing of the petition, the court ordered scrutiny and recount of votes in selected polling stations.
The court determined that there was no evidence of ballot stuffing
On allegations of alterations on form 37 A, Justice Aburili said High Court Deputy Registrar Joy Wasonga established that no major discrepancies were established during the vote recount exercise.
"Minor errors caused by human imperfection do not affect the entire electoral process," Justice Aburili said.
The petition also claimed some agents were denied entry into polling stations and that it could have aided in cheating.
But the court determined that there was no evidence that Dr Kidero's agents were denied access to polling stations.
Bribery
On allegations of bribery, the court said there was no evidence that whoever is reported to have been giving out money was from Ms Wanga’s team.
Justice Aburili said the petitioner did not adduce evidence that Ms Wanga or her agents moved around offering bribes.
The court, however, determined that Homa Bay County witnesses cases of violence during elections. Among the evidence presented in court were videos showing rowdy youths.
More evidence was OB extract that different people recorded at different police stations.
There was, however, no evidence that a particular group was aligned with a particular candidate.
Dr Kidero said their legal team shall review the judgment and before making a decision on the next course of action. He pleaded with Homa Bay residents to remain calm.
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