Despite errors Aluoch won fairly, judge rules

By MAUREEN ODIWUOR

The High Court has upheld the election of Kisumu West MP Olago Oluoch.

Justice Hillary Chemitei yesterday dismissed the petition challenging Oluoch’s victory on grounds that all Forms 35 with discrepancies were counter-signed by the petitioner’s agents.

The judge ruled that despite massive errors filed by the Independent Electoral and Boundaries Commission (IEBC), agents of Rozah Buyu validated the results by signing the documents.

He also noted that at polling stations like Obambo, Usoma and Robert Ouko, results were cancelled on Form 35 without counter-signing.

 “Statutory forms should be written without alterations,” said Chemitei, adding this was not reason enough to nullify the election results.

The court said Buyu should cover costs incurred by Olago in defending himself. The judge also pointed out major discrepancies at Robert Ouko and Marera polling stations, where entries on Form 36 did not tally with Form 35.

There were variations in the total number of registered voters in Kisumu West constituency, where one form indicated 50,054 and another 50,230.

It was the court’s decision that an election petition should be proved by evidence and can only be nullified if the evidence could have affected the results.

Chemitei also said the respondents were not available to be served by Buyu and despite filing an advertisement as stipulated in the Election Act, it was not in accordance with proper requirements of service.

On allegations that Olago used ODM colours in his campaign despite being a member of Ford-Kenya, Chemitei said the two parties were in a coalition and there was nothing to stop them from using the other’s colours.