Election petition verdicts may usher in ‘mini General Election’

By STEPHEN MAKABILA

While all pending election petitions including appeals have to be determined before October 10, several MPs and Senators will know their fate before the Senate and the National Assembly resume on September 17.

Already, the Independent Electoral and Boundary Commission (IEBC) has set two parliamentary by-elections for October 17, one week after the deadline of rulings on all the pending 113 petitions.

Electoral disputes should be concluded within six months of being filed, pursuant to Section 75 of the Elections Act.

The IEBC has already stated by-elections are to be held in Matungulu and Kibwezi West constituencies on October 17, all in Ukambani region which is politically dominated by the Wiper Democratic Movement (WDM) under the CORD coalition.

The County Assembly Wards political battles are lined-up in Ilima Ward in Kaiti Constituency, Makueni County, Kahawa Sukari Ward in Ruiru, Kiambu County and Mnagei Ward in Kapenguria, West Pokot County.

There have been expectations of a mini-general election going by the high number of pending petitions whose rulings are yet to be delivered by the Courts.

A total of 188 elections petitions had been filed by the end of the 28-day period after the declaration of results, as set out in the law. 1,881 Parliamentary and County elective seats were contested countrywide in the March 4, 2013 General Elections.

In the filed petitions, 24 were challenging the elections of various Governors, 13 for Senators, 70 for MPs,nine for County Women Representatives and sixty 67 County Assembly Representatives. Five more were filed against election of Speakers to various County Assemblies.

But according to the Commission, only five out of the 75 Parliamentary and County poll petitions, that have so far been heard and determined, have ended up in the nullification of the elections. The rest have been dismissed, withdrawn or struck out at the pre-trial stage.

“The IEBC is studying some of the rulings with a view of making appeals. Most petitions were filed on grounds of alleged bribery, over-voting, eligibility of candidates, mix up of candidates‘names and photographs and counting or tallying errors,” read a statement from the Commission earlier in the week.

Close to 10 MPs, several senators and governors face election petitions.

Justice Juma Chitembwe will decide the Lurambi parliamentary election petition on September 4, while on September 9, Baringo Central MP  Sammy  Mwaita will know his fate when Lady Justice Lydia Achode delivers judgment at the High Court sitting in Eldoret.

Lose his seat

On September 5, Narok East MP Lemanken Aramat will know his fate after judgment on the election petition filed by Harun Lempaka.

Justice Chitembwe will also on September 13 give the verdict in a petition against Kakamega county Governor Wycliffe Oparanya. Ten election petitions are before the High Court in Kakamega.

Kisii Senator Chris Obure will know his fate on September 16, a day before the Senate reopens, when Lady Justice Ruth Sitati will deliver judgment.

In Nyanza, there are election petitions against a Senator, two governors, some MPs and Women Representatives with the highest bulk filed at the High Court in Kisii.

Last Friday, Siaya Governor Cornel Rasanga became the first governor to lose his seat after a successful petition by his rival Mr William Oduol.  The IEBC has set the date for the Siaya by-election on October 17 and there are expectations that it will be a bruising duel between Oduol and whoever ODM will nominate.

Already, there are reports ODM could scout for a stronger candidate to counter Oduol, on the basis that Rasanga was not very popular on the ground, claims that have been dismissed by the immediate former governor.

The contest in Matungulu and Kibwezi, all of which fall in lower Eastern, could be another duel between CORD and Jubilee in control of Ukambani region politics, coming only three months after a similar duel for the Makueni County Senate seat, which CORD won through WDM’s Mutula Kilonzo Jnr.

While Jubilee would be keen on raiding CORD regions to boost its figures in the National Assembly and the Senate, CORD is equally out to retain its seats to remain relevant as a strong opposition. In the National Assembly, Jubilee is short of 16 MPs to achieve the 232 seats that would give it absolute majority.

In Kibwezi West, The Independent Party (Tip) leader Kalembe Ndile, who successfully petitioned against the election of Dr Patrick Musimba as area MP, recently accused Musimba of starting early campaigns.

Mr Kalembe had claimed Musimba went to Makindu where he told the people to prepare for a by-election and vote for him, even before the final ruling on the petition.

Among the pending rulings being keenly watched include  Governors Evans Kidero (Nairobi), Hassan Joho (Mombasa), Okoth Obado (Migori), Nderitu Gachagua (Nyeri), and John Mruttu (Taita Taveta).