Court orders by-election in Bonchari Constituency

By Maureen Odiwuor

KISUMU, KENYA: Court of Appeal sitting in Kisumu has revoked decision to install Oroo Oyioka as the Bonchari MP.

Kisii High Court had declared Oyioka as the MP of the area after successful petition in which vote recount indicated he had won by four votes against the then MP Zebedeo Opore.

Justice Sankale,Musinga and Festus Azangalala heard the matter. They concluded that the trial judge should have not based judgment solely on the outcome of recount and scrutiny because there was a difference of only four votes between Oroo and Opore.

During the March 4 elections, Ford People legislator, zebedeo Opore was declared winner by five votes after garnering 8,992 votes against Oyioka’s 8,987 votes.

Oyioka who contested for the seat on a Kanu ticket then  filed the petition against Opore on grounds that the returning officer Peter Otieno had denied him a win by altering the result.

Kisii High court annulled the election ordering IEBC to issue a certificate confirming Oroo Oyioka, 63, as the validly elected Bonchari MP.

Issuing her verdict then, justice Sitati said ordering a fresh poll was equivalent to ordering a different election as the snapshot taken during the earlier poll will not be the same in the fresh poll as people’s opinions will have changed.

“Mounting and conducting an election is an expensive affair which is not fueled by water but money raised through taxes. The Kenyan taxpayer is already overburdened and so there is no reason for punishing them a second time as the voice of Bonchari residents has been heard,” she observed.

In making the Friday ruling, Court of Appeal concluded that trial judge should have not based judgement solely on the outcome  of recount and scrutiny because there was a difference of only four votes between Oroo and Opore.

The constituency is expected to undergo a by election.