Kisumu Court nullifies election of Central Nyakach MCA.

 Peter Bodo Okal, the petitioner in a case where the court has nullified the election of Philemon Ojuok as the Central Nyakach Ward Representative.The Court has ordered for fresh polls after it found out that the election was not done in accordance to the constitution and other laws related to election-Photo By James Keyi.

By Dickson Odhiambo.

 February 5, 2018.

Kisumu Court nullifies election of Central Nyakach MCA.

A KISUMU Court has today nullified the election of Central Nyakach Ward Member of the County Assembly citing non compliance to the electoral laws and irregularities in the election that was held on August 8, 2017.

Kisumu Senior Principal Magistrate Christopher Yalwala said the Court has been convinced by sufficient evidence to nullify the election of Philemon Ojuok and ordered for a fresh election to be conducted by IEBC due to non compliance to the constitution and other election related laws. 

The Court has ruled that the Petitioner Peter Bodo Okal who vied as an Independent Candidate has proved that there was some irregularity in vote tallying at some polling centers within the ward where the court has found out that indeed there was inflation of votes in favor of Philemon Ojuok, the Third respondent whose election has now been nullified.

The court has further ruled that the petitioner has been able to prove that some Presiding Officers in some polling stations had failed to record the reason as to why some agents of the petitioner did not sign some statutory forms after they disputed the election results in some polling stations.

“Failure by some Presiding officers to sign some statutory forms and failure by them to record the reasons as to why some agents of the petitioner did not sign some statutory forms is a major contravention of the electoral laws,” said the Senior Principal Magistrate during the judgment.

The court found out that in some polling stations for example at Nyalunya Primary school Polling station, the number of those who voted exceeded the voter turnout during the election.

However, the court has not found Philemon Ojuok, the third respondent culpable and has exempted him from paying the cost of the petition but has ordered that the first and the second respondents meet the cost of the petition.

“I have therefore found out that the third respondent in this matter is not culpable hence will not pay the cost in this petition,” the Senior Principal Magistrate adds.

Speaking to the press immediately after the judgment, the petitioner, Peter Bodo Okal has thanked the Court for what he has termed as a fair judgment.

He says he is preparing for a fresh election as ordered by the court, adding he will contest the seat when a by-election will be conducted by IEBC.

Bodo has further thanked the electorates of Central Nyakach Ward for standing firmly with him during the entire period of the petition.

Bodo had filed a petitioner seeking to challenge an election of Philemon Ojuok as the MCA of Central Nyakach Ward while claiming there were election irregularities and the election was not conducted in accordance to the constitution and other election related laws. 

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