Oyugis court nullifies election of West Kasipul MCA Vickins Bondo

Court nullifies election of West Kasipul MCA

A magistrate in Oyugis has nullified the election of West Kasipul Member of County Assembly Vickins Bondo.

Senior Principal Magistrate Benard Omwansa in his judgment said though the difference in figures used in declaring the winner of the poll was minimal, it was hard to establish who won in polls held on August 9 last year.

He subsequently ordered the Independent Electoral and Boundaries Commission (IEBC) to conduct fresh polls in accordance with the law. The Ward is in Homa Bay County.

The election petition was filed by an ODM candidate, Mr Peter Okeyo Ongili on August 30, 2022 saying Mr Bondo, an independent candidate won unfairly.

He cited a number of issues he said contributed to irregularities.

In the August 9 elections, Mr Bondo was declared the winner after garnering 4,041 votes against Mr Ongili’s 3,975 votes, a difference of 76 votes.

Mr Omwansa said the court was unable to tell whether Mr Bondo was duly elected as the MCA or not.

He added that the court was unable to verify and affirm that the election was administered in an impartial, neutral, efficient, accurate and accountable manner.

Ballot papers not accounted for

The magistrate noted that whereas some 78 ballot papers are not accounted for, the counterfoil indicates they were used during elections.

He said the discrepancies though appear to be small can none the less cause a huge impact in closely contested elections.

According to the magistrate, IIEBC was unable to explain the glaring discrepancies.

He issued an order squashing the declaration of Mr Bondo as MCA and nullified his certificate.

Mr Ongili said he is ready to go for another election.

He expressed confidence that he will win if the process is free and fair.

Mr Bondo on the other hand said he will consult before making a decision whether to go for a repeat poll or appeal the ruling.

He said he respects the court's decision but does not agree with itadding that he will communicate to his supporters when the right time comes.

“They are ready to support me depending on the direction I will give. I am still in talks with stakeholders and my advisers,” Mr Bondo said.

At the same time, a petition challenging the victory of Homa Bay Town West Ward MCA Samwel Obwana Ogono has been dismissed on grounds of insufficient evidence.

Homa Bay Chief Magistrate J.M Nang'ea said there was no proof that the results used to declare the county assembly member as the winner of the August 9 poll had anomalies.
Former MCA Isac Ouso Nyandege who vied on ODM filed a case claiming he was short changed in the exercise.
He filed his case on October 9 after he lost to Mr Ogono, an independent candidate saying the electoral process was not free and fair.
Mr Ogono got 2369 votes against Mr Nyandege's 2249 votes.
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