By ROBERT NYASATO
NYANZA; KENYA: Nyaribari Chache MP Dr Chris Bichage wore his ODM party colours during the March 4 General Election contrary to election laws, a court has heard.
Bichage admitted before an election court sitting in Kisii that he was wearing a shirt bearing orange colours which are symbolic of ODM, the party that sponsored him.
Fielding questions by lawyer Okong’o Omogeni for the petitioner, Richard Tongi, Bichage identified a photograph of himself taken at Kembu Social Hall, which was the Nyaribari Chache constituency tallying centre, wearing the orange shirt.
He conceded before trial judge Justice Edward Muriithi that the picture was taken on March 5 but when pressed hard by Omogeni, he said he entered the tallying centre on March 4 at around midnight.
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Asked whether he was conversant with election laws that banned candidates from displaying their political party colours 24 hours to the voting day, Bichage said: “I’m aware that wearing party colours is prohibited until the electoral process is over.”
An objection by the MP’s lawyer Henry Wasilwa that his client would not be cross-examined on pictorial evidence was overruled by the judge who held that those issues should come out during final submissions.
Omogeni punched more holes into Bichage’s win by pointing out that two ODM agents stationed at the Bobaracho polling station gave different results for Bichage.
The agents, Aloyce Ombese and Andrew Omurwa, said Bichage garnered 199 and 279 votes respectively.
“Apart from giving contradictory figures, it’s clear that you (Bichage) were favoured by the electoral commission by being allowed to recruit two agents for one stream yet the law provides for one,” Omogeni asserted.
But Bichage told the court the party assigned two agents per stream to aid each other and not to be present in the counting hall at the same time.
Widen margin
Bichage said he won the election with 10,706 votes against Tongi’s 10,561, with the 145-vote margin based on Form 35, but admitted that there were errors in transferring the results to Form 36 where he was awarded 11,638 votes against Tongi’s 10,617 after re-tallying in court, hence widening the margin to 1,021 votes. Tongi vied on a Wiper party ticket.
“The margin after re-tallying is reasonably big but that can’t change the will of the people,” Bichage explained, adding that he only needed to win by one vote given that he had contested the seat five times.
The legislator maintained that the final results were correct.
Bichage denied claims he was favoured by the electoral commission officials, saying he did not know them and there were 15 parliamentary candidates in the race.
The hearing continues.
