By Robert Nyasato
Kisii, Kenya: Party affiliation haunted Bomachoge Borabu MP Joel Onyancha in an election petition as the petitioner tabled documents showing he was associated with URP.
Politicians Peter Kimori and Albert Nyaundi, through their lawyers Omwanza Ombati and Edward Begi, tabled before Kisii High Court yesterday documents sourced from the Registrar of Political Parties indicating Onyancha was a URP official.
However, the MP who was elected on a TNA ticket, dismissed the documents saying at no time has he ever applied to be a URP member, saying joining a political party was voluntary and not through appointment.
The third-time MP was being cross-examined by lawyer Ombati when he took to the witness box to respond to issues raised in the petition seeking to overturn his victory.
Onyancha said he won the election fairly and never conspired with the electoral commission to defeat his opponents.
Kimori and Nyaundi, who lost the parliamentary race, moved to court alleging that Onyancha imported voters from neighbouring South Mugirango to vote in his favour. They too claimed that dead and ghost voters participated in the election.
Onyancha admitted there were clerical errors on Forms 35 and 36 but maintained that he won validly.
He told the court that even in their own analysis of the results, the petitioners placed him ahead in the race.
Secret meetings
Mr Onyancha was declared winner by Returning Officer Gilbert Serem after he garnered 11,198 while his closest challenger Kimori got 10,577 and Nyaundi 9,917 votes.
During cross-examination by his lawyer Kibe Mungai, the MP denied allegations that presiding officers were found with pre-marked ballot papers.
When asked by the Independent Electoral and Boundaries Commission (IEBC) lawyer Kinyanjui Theuri whether he had secret meetings with IEBC official prior to the election, Onyancha denied the allegations saying that they were baseless and unfounded.
Onyancha is facing an election petition for a second time having suffered a similar fate after the 2007 General Election.
