Petitioner put to task over votes

By Robert Nyasato

Kisii, Kenya: A politician seeking to overturn Bomachoge Borabu MP Joel Onyancha’s win Wednesday avoided answering a question posed by the MP’s lawyer.

Mr Peter Kimori avoided responding to the question asked by Kibe Mungai for Onyancha on how many   votes he believed he garnered during the March 4 General Election.

Efforts by the petitioner to answer the question put in a different way were thwarted by trial judge, Edward Muriithi. Justice Muriithi said he had avoided answering the question.

However, during re-examination by his lawyer Ombati Omwanza, the petitioner clarified that he did not avoid answering the question. He said that Bomachoge Borabu parliamentary elections were not free and fair saying that his own tabulation arrived at different results.

Margin

Kimori said taking into account the 100 votes he claimed were unaccounted for in Form 36 from Maagena Primary polling station, Onyacha’s  11, 198 would be reduced to 11, 098 while his would have gone up.

When Kimori was asked by Mr Mungai whether he wanted to be declared the winner of the election, he said he didn’t.

He said it was up to the court to decide. When asked by Omwanza to tell the court the margin between himself and Onyancha, Kimori said the difference was 600 votes.

Onyancha was declared winner of the election with 11,198 votes against against Kimori’s 10,577. The IEBC and Returning Officer Gilbert Serem are represented by Kinyanjui Theuri in the petition jointly filed by Kimori and Albert Nyaundi.