Judge says ODM campaign ‘dirty’

Siaya Governor Cornel Rasanga (left) is sworn in by Justice Aggrey Muchelule at Siaya Stadium March 27, 2013. The High Court in Kisumu has nullified his election and ordered a fresh poll August 23, 2013. JACOB OWITI  

By BERNARD NAMUNANE
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ODM was on Friday described as having run a perverted and dirty campaign in Siaya as Cornel Rasanga became the first governor to lose his seat through an election petition.

This will be a smack for former Prime Minister Raila Odinga, who grappled with a nominations debacle in his home county in the lead-up to the last elections.

Mr Rasanga of ODM lost the seat following a petition filed by Mr William Oduol, who campaigned on a National Alliance Party of Kenya ticket in the March 4 elections.

High Court judge Aggrey Muchelule, sitting in Kisumu described the campaigns as “perverted”.

ODM portrayed Mr Oduol as a President Uhuru Kenyatta candidate in the home turf of Mr Odinga, the Cord presidential candidate, he said.

The court ruled that ODM, the key party in Cord, disrupted Mr Oduol’s campaign rallies and printed posters that depicted him as a Jubilee candidate and waged a smear campaign against him.

“That campaign was perverted to the extent that it would have mentally compromised the integrity of the election. One cannot say that the petitioner was given a fair chance to campaign or the electors given a fair chance to pick a candidate. To put it bluntly, the campaigns were not free and fair,” he said.

Justice Muchelule said ODM did everything it could to portray Mr Oduol as a candidate running against the grain.

“People who were against Mr Oduol superimposed his posters with those of Mr Kenyatta and William Ruto. Siaya is the home of Raila and he had a fanatical following here. To be seen to be against him would have worked against the petitioner. An election malpractice was conducted here,” ruled the judge.

Justice Muchelule rejected the defendant’s assertion that Mr Rasanga won after the recount.

He also dismissed a claim by the electoral commission that ballot boxes had been tampered with.

“It is the responsibility of the electoral commission to take care of the ballot boxes before they are handed to the court,” he said.

After the ruling, Mr Oduol said: “This is a great decision. We came to the court because we were clear that the gubernatorial polls in Siaya were flawed. The judge has upheld that position”.

He also demanded that the Director of Public Prosecutions arrest those cited for electoral malpractice. “The judgment has pinpointed certain men who should be arrested,” he said.

Mr Oduol filed the petition on April 8 citing a litany of malpractices which he proved cost him the seat.

Yesterday, ODM secretary-general Anyang’ Nyong’o said the party respected the court ruling but urged Siaya voters to re-elect Mr Rasanga in the by-election.

The ODM nominations in January this year attracted national attention when Mr Odinga’s elder brother, Dr Oburu Oginga and Mr Oduol, were disqualified by the party’s election board chairman, Mr Franklin Bett, after hotly disputed primaries.

Mr Rasanga was given the greenlight to represent the party even though he did not take part in the primaries.

Mr Odinga intervened at the last minute when it became clear that Siaya voters were dissatisfied with the ODM candidate.

The party will now have to conduct nominations that satisfy voters. The Siaya by-election is one of the many facing the Coalition for Reforms and Democracy, of which ODM is a partner, and the Jubilee Coalition.

A total of 70 petitions for MPs, governors (24), senators (seven) and county assembly representatives (32) were filed.

Key among them are the election of Senators Chris Obure (Kisii), Moses Wetang’ula (Bungoma), Governors Wycliffe Oparanya (Kakamega), Evans Kidero (Nairobi), Hassan Joho (Mombasa), John Mruttu (Taita Taveta), Nderitu Gachagua (Nyeri) and Okoth Obado (Migori).

Matungulu and Kibwezi West constituencies elections were nullified by the High Court.