Busia Governor Paul Otuoma fights to protect his win

The rivalry between Azimio la Umoja and Kenya Kwanza coalitions is expected to play out as Busia Governor Paul Otuoma prepares to challenge a petition seeking to nullify his victory in the August 9 elections.

The petition has been filed at the High Court in Busia by former Nambale MP John Bunyasi, a close ally of ANC leader Musalia Mudavadi.

On the other hand, Mr Otuoma is a key ally of ODM leader Raila Odinga and he aggressively campaigned to ensure Azimio carries the day in Busia County.

Mr Otuoma won the governor seat after he clinched 164,478 votes against Mr Bunyasi’s 92,144 votes.

 Mr Otuoma and deputy Mr Arthur Odera are listed as third and fourth respondents in the petition.

They are represented by lawyer Joseph Makokha, who said the governor had won the election fairly.

 In the petition, Mr Bunyasi is represented by lawyer Katwa Kigen. He underpinned the intensity of the legal tussle expected to feature in the matter.

 Mr Bunyasi was elected as MP of Nambale for the first time in 2013 and served for two consecutive terms before he contested for the governor seat.

 He wants the court to scrutinise, recount, and nullify the results, citing alleged massive rigging in the gubernatorial election. 

After the pre-trial session which was conducted virtually, Justus David Kenei is expected to give directions on how the case will proceed on October 14.

 “The session started virtually but due to network problems, we could not continue so we are waiting for the judge to give directions on how the case will proceed,” Mr Bunyasi said

 Lawyer Makokha said his clients are ready to face the petitioner and prove that elections were conducted in a free, fair, and transparent manner and that his clients were duly elected.

The lawyer said the proceedings should be conducted in an open court instead of virtual proceedings which being disrupted by poor internet.

 “There are times when virtual proceedings are okay but when you talk of border towns we tend to have a problem on virtual hearings. In most cases, links do drop or there is no clarity in communication at all affecting delivery of justice,” he said

 Meanwile, in Siaya, no petition has been filed against win for any seat, a record for the county. 

A section of elected leaders from Siaya have, however, condemned the Independent Electoral and Boundaries Commission (IEBC) for allegedly bungling the presidential election that saw the Azimio presidential candidate Raila Odinga lose the election for the fifth time to President William Ruto. Governor James Orengo criticised the commission for engaging in electoral malpractice and further castigated the judgment that upheld Dr Ruto’s win by the seven Supreme Court judges, terming it an embarrassment to the people who fought for the independence of the Judiciary i.

“We thought that after the former Chief Justice David Maraga, we would have judges standing for the rule of law. The Chief Justice Martha Koome brought shame to the Judiciary,” he said while addressing mourners in Gem sub-county.

He added, “People fought for the independence of the Judiciary and Raila Odinga was jailed for years fighting for judicial reforms. Instead the seven judges brought shame by watering down all the efforts of the patriotic Kenyans.”

Mr Orengo also accused the judges of leaning on the respondent’s side while delivering their judgment.

“When reading a judgment, the judges use words that are measured so that even the losers in a court of law feel that justice is done. Like a football match if the referee is fair you congratulate the opponent if you happen to lose and the courts must work like that,” said Mr Orengo.

The Azimio coalition has set a 2024 deadline to push for the planned reforms, which some officials have indicated could entail sending home the entire IEBC team and having another one in place at least three years to the 2027 General Election.

The team has plans in the pipeline to either champion for the reforms through the parliamentary route which may be a daunting task owing to the few lawmakers and the other route would be the popular initiative that would climax to a referendum.

The coalition is still whining over their loss to Dr Ruto on the August polls; they maintain that the polls were manipulated at the polling stations and during the results transmission where some people allegedly hijacked the process.