Trade Assistant Minister Omingo Magara has lost his South Mugirango Parliamentary seat after the High Court nullified his election.
Kisii resident judge Daniel Musinga has ruled that Mr Magara’s election was marred by irregularities and ordered a by-election to be carried out.
Poll loser Manson Oyongo Nyamweya, who vied and lost on KANU ticket had filed the petition challenging Mr Magara's election in the last General Election.
Last month, the court dismissed a last-minute attempt to delay the hearing after Mr Magara’s lawyer Katwa Kigen sought an adjournment to prepare affidavits.
Last year Joel Onyancha lost his Bomachoge parliamentary seat in a case filed before Justice Musinga.
Justice Musinga ruled that the form 16 As used in counting votes in the constituency were not signed by the Presiding Officers who counted the election and therefore couldn’t be authenticated.
The judge said due to the anomaly, it was difficult to tell who the winner of the election was.
Mr Nyamweya had alleged that the election process was flawed and petitioned the court to declare him winner.
Mr Magara becomes the second MP to lose his seat after the High Court nullified elections in Bomachoge.
His lawyer Katwa Kigen has faulted the judge for dwelling on technical arguments adding that it was improper for the court to drag the case, having known that it would end in the manner it did.
Earlier in the year, the High Court ordered a recount of the votes in which Mr Magara won again.
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MPs allied to Vice-President Kalonzo Musyoka and Deputy Prime Minister Uhuru Kenyatta, have reportedly agreed to support Magara. The MP also enjoys support from ODM colleagues allied to Agriculture Minister William Ruto.
ReplyDeleteBut there is a catch. The ODM National Treasurer must severe links with the Prime Minister Raila Odinga-led party to persuade Kanu and ODM-Kenya not to field candidates against him.
If Magara gives in to the offer, which The Standard on Sunday has established came up during a meeting of central Kenya MPs in Mombasa on Friday, then an exciting political battle will be on card, next year.
Ideally, it may not be a contest pitting Magara against petitioner Manson Nyamweya and other candidates, but rather a battle of Raila versus the Uhuru-Kalonzo-Ruto axis, with an eye on 2012 General Election.
Internal competition
Equally, MPs from Kisii allied to different parties, including the rival PNU, are reportedly meeting on Tuesday to settle on Magara as their candidate for the South Mugirango seat.
Mid this year, the PNU forces failed to reclaim the Bomachoge seat held by former Assistant Minister Joel Onyancha following internal competition and poor co-ordination by local leaders led by Education Minister Sam Ongeri.
Now Magara has given the anti-ODM and anti-PM forces an opportunity for political revenge. South Mugirango may also prove the turning point for Ruto, who is said to be charting a new political path.
As proof that ODM’s victory in Bomachoge, which borders South Mugirango, was not a fluke, the PM is bound to put up a spirited fight to retain the seat.
"We are going to win in South Mugirango. The constituents gave ODM an MP and we are sure they will still vote for the party candidate come a by-election," said Public Works Minister Chris Obure.
Also speaking in support of Magara is the People’s Democratic Party Chairman Steve Nyarangi: "As a party, we are ready to offer Magara a ticket. We are confident he has leadership potential".
While addressing a meeting in his South Mugirango constituency during the Bomachoge by-election campaigns, Magara paraded Nyarangi and other party officials and declared it was a party to watch. Ruto, who led scores of party MPs who skipped Raila’s rally in Bomachoge, attended the function at Nduru.
At the time of registration, one of PDP’s top officials was Magara’s personal aide. He has since been replaced.
While Raila’s trips to Kisii have been irregular, courtesy of his busy schedule, Ruto has presided over numerous functions there. The trips may have earned him some admirers who might be counted on in case Magara is denied a direct nomination by the party. But Raila still enjoys massive support in Kisii.
The other crucial player is former Cabinet Minister and political kingpin of Gusiiland, Simeon Nyachae.
Thorny issue
Another thorny issue that confronts Magara is the apparent political differences within his family. The family was divided in the last elections, following a decision by some to support the Assistant Minister’s sister, Carren Nyamoita Magara.
Even though Carren faired poorly against the elder brother, it raised doubt about Magara’s leadership.
Nullification of Magara’s election could widen rifts or heal ODM, but it depends on whether ODM grants him a direct nomination to defend his seat. It would also depend on whether the PM and Ruto support him or if he abandons ODM.
If Raila and Ruto do not agree on Magara as their common candidate for the South Mugirango seat, then a split in the party is almost certain.