Speaker declares seat vacant

By Wilberforce Netya

POKOT, KENYA: West Pokot Speaker Robert Katina has declared Mnagei ward seat vacant after a successful petition.

The petition was heard at Kapenguria Magistrates Court challenging the election of James Limanyang as the area county representative.

Three petitioners, Emmanuel Katina Michael, Immanuel Chetodum and Edward Litial, moved to court on April 1, 2013 to challenge the elections arguing that they were not free and fair.

The first petitioner, Katina had submitted that a mix-up of his photograph and that of an MP on the ballot paper confused voters, prejudicing his candidature.

He told the court that he did not get redress from the Independent Electoral and Boundaries Commission (IEBC), named as the first respondent, even after raising his on time.

He applied that the election for the ward be nullified and fresh elections called.

Chetodum had complained that while Forms 36 had all his three names, Forms 35 had only two names which also caused confusion and never gave him a free and fair ground.

The court established that Article 81 of the constitution provides for general principles of the electoral system which states that free and fair elections connotes transparent, administration of election in an impartial, neutral, efficient, accurate and accountable manner.

It further noted that there was a reason as to why photograph, name, party color, party symbol was required in the ballot papers to enable voters to identify their preferred candidates.

In the Judgment read by Kapenguria Senior Principal Magistrate Washika Mocho, the court found that the elections were not free and fair.

The court hence ordered IEBC to conduct fresh, free, fair and credible elections as required by law.

Both the national and county assembly speakers were served with the court papers on the court's ruling.

Mr. Katina confirmed that he had served the IEBC with the declaration notice upon which the electoral body ought to prepare for fresh elections for Mnagei ward.

“The seat is now vacant and the mandate lies with IEBC to conduct the exercise,” explained the Speaker