ODM LOSES TO PNU

An Eldoret court on Wednesday nullified the election of a councillor in Eldoret North constituency and declared the petitioner the winner.

Resident Magistrate Innocent Maisiba nullified the election of Orange Democratic Movement Party’s Market Ward councillor William Kiptum and declared Mrs Jane Wangui Muriithi of the Party of National Unity (PNU) the winner.

The court found, after a recount of votes, that Mr Kiptum’s ballots were inflated to give him an undeserved win during the General Election.

Mrs Muriithi had challenged the declaration of Mr Kiptum as winner of the poll citing irregularities. “I declare Jane Wangui Muriithi the winner of Market Ward and true councillor and order that she be duly gazetted as councillor and respondent be degazetted as councillor,” Mr Maisiba said in the judgment delivered on Wednesday.

Most contentious

The magistrate said he reached the decision following the recount of votes in the presence of the parties and relying on Form 16A which was also relied upon by the Interim Independent Electoral Commission of Kenya (IIEC).

He said one of the most contentious was ballot box number 37638–L, which showed clearly that Mr Kiptum had 27 votes but instead a figure 4 was added to give him an additional 400 votes in room NO 2 at Uasin Gishu Primary School polling centre.

The magistrate said at the same station in room No 4, in Ballot Box No 37332 – L, Mrs Muriithi had 111 votes and Mr Kiptum 193 but an alteration was made to falsely indicate that he had 450 votes.

“The other ballot boxes were not contested and after properly adding up the figures the applicant has a total of 3,569 votes as opposed to the third respondent’s 3,297 votes thus clearly the rightful winner of the election was the applicant Jane Wangui,” Mr Maisiba said.

Mrs Muriithi beat Mr Kiptum by 272 votes and should have been awarded the winner’s certificate, Mr Maisiba said. He blamed the defunct Electoral Commission of Kenya, not Mr Kiptum for ‘mischief’.

He also ordered that the Electoral Commission and the returning officer, who were the first and second respondents, bear costs of the petition. Mr Kiptum was the third respondent.

The IIEC was represented by Mr Dennis Onyinkwa, while Mrs Muriithi was represented by Mr E.O. Ogesa. Mrs E. Rotich acted for Mr Kiptum.

After the judgment, Ms Wangui and her supporters held a procession from the courts towards Market Ward in the town centre, but were stopped by Eldoret police boss Phillip Mwania who said it would create tension.

The magistrate had earlier declined to adjourn the case and told the respondents’ advocates not to use technicalities in delaying the case.
“This matter has dragged for the last two years and we cannot stop the recount,” he said.