ODM appeals tribunal upholds Gem, Alego Usonga poll outcomes

The nominations of Gem MP Elisha Odhiambo and his Alego Usonga counterpart Sam Atandi have been upheld after the Orange Democratic Movement (ODM) tribunal dismissed the cases filed by their opponents.

The tribunal, chaired by Fredrick Orego, affirmed that the primaries were conducted according to the party’s nomination rules.

In Gem, Jalang’o Midiwo, the elder brother of the late MP Jakoyo Midiwo, had cited several irregularities, arguing that these denied residents the right to elect the leader of their choice.

Mr Orego said Mr Midiwo had failed to demonstrate that the claimed irregularities had affected the outcome of the elections.

No evidence

“The allegations levelled against Mr Odhiambo were highly generalised, pleaded without specificity and during the oral submissions were not highlighted,” he said.

“We are afraid to note that despite the gravity of the allegations the appellant raised, there was no evidence to support his case.”

The three-person tribunal noted that it was critical for Mr Midiwo to provide an expert report to support the claim against the electronic voting system that he said had enabled multiple voting.

Supreme Court ruling

He said the panel’s verdict relied on the Supreme Court in Presidential Petition Number one of 2017 between Raila Odinga and the Independent Electoral Commission (IEBC). The court’s ruling stated that irregularities in an electoral process can overturn an electoral result if they impact the results.

“The irregularities must be widespread or pervasive and [have] the effect of rendering the election null and void,” Mr Orego said.

“It is not enough for the appellant to rest his appeal solely on the claims of violence and voter intimidation.”

The same fate befell Dr Nicholas Kut Ochogo, who challenged the nomination of Mr Atandi.

Bribery claims

While Dr Ochogo alleged that Mr Atandi bribed voters at the Karapul polling centre, the tribunal held that the witness failed to identify who was bribed.

Mr Atandi was also absolved of claims that he was involved in meting out violence on his opponents.

“We note that the appellant, in his own pleading, affirms that the incident happened before [nominations were held]. We do not therefore see how the incident would form the basis of his appeal,” Mr Orego said.

“The appellant’s agent Julius Otieno referred to a group of people he believes were Mr Atandi’s supporters without naming them or in any way connecting them to the incumbent legislator.”

The tribunal also set aside appeals filed against declared candidates in Elugulu and Marachi West wards in Busia County.

[email protected]