, KISII, Kenya, Feb 26 – Kisii High Court Judge Antony Ndung’u has upheld the election of Kisii Woman Representative Janet Ong’era and slapped the petitioner with a Sh2.5mn bill of costs.
Ong’era (ODM) garnered 174,482 votes against Dorice Aburi (Jubilee) who got 144,974 votes but a voter, Nahashon Akunga, was not satisfied with the result and petitioned the victory.
He argued that IEBC used county employees to act as presiding officers and observers in favour of Ong’era, which is against electoral laws.
The petitioner also alleged that voting begun at Gusii Stadium without the ballots for Woman Representative for one hour.
He also noted that figures for Woman Rep were strikingly similar to those garnered by all candidates in some polling stations.
The petitioner’s lawyer Omwanza Ombati said that the exercise was unfair since in 37 polling stations, the votes cast were more than the registered numbers of voters.
In response, the County Returning Officer Sidney Namulungu said Ong’era was validly elected through a transparent and credible election.
On cross-examination, he said stated that no verbal or written complaints were made to him on allegations by the petitioner during the Election Day and after the elections.
IEBC and RO’s lawyers defended the election results saying a few errors committed could not annul the whole exercise.
Earlier, the court dismissed an application for scrutiny and recount of votes presented in the court after the petitioner failed to specify which polling stations were to be scrutinised.