MP ‘never won’ election

By Robert Nyasato

KISII, KENYA: Ford People legislator Zepedeo Opore never won Bonchari parliamentary election, a recount of votes cast ordered by an Election Court has confirmed.

Of the 11 contestants for the seat, John Oyioka of Kanu emerged top after garnering 8,967 votes beating Opore by four to 8,963.

Immediate former Bonchari MP Charles Onyancha amassed 6,883 votes to come third according to a recount report compiled by Deputy Registrar Lucy Kaitany and tabled before the court sitting in Kisii on Friday.

Oyioka had sued the Independent Electoral and Boundaries Commission(IEBC), the then Returning Officer Peter Resa and Opore urging the court to recount the votes and declare him winner.

Trial judge, Justice Ruth Sitati on July 2, ordered for the recount and ascertainment of the number of votes cast for each of the candidates in the 82 polling stations of the constituency. She also ordered for scrutiny of 64 ballot boxes.

However the returning officer (RO) managed to deliver 81 ballot boxes to the court with 22 of them having one seal missing.

During the recount and scrutiny that lasted 10 days before the parties in the petition, it was established that Form 35 from five polling stations were missing including Nyamagundo Farmers’ Cooperative, Nyamerako,  Rianyabaro, Bogitaa, and Riamontinga primary schools.

In 57 of 64 polling stations candidates’ agents did not sign Form 35 and only in four that that the Presiding Officers gave reasons why all the agents didn’t append their signatures.

Further, the scrutiny revealed that Form 35 in 12 polling stations didn’t bear the IEBC stamp as required in law.

In 10 polling stations, counterfoils of used ballot paper exceeded the number of cast votes meaning some ballot papers were missing. In Bogitaa Primary and Kerina Primary polling stations, counterfoils were missing.

Unused ballot papers were missing from Botoro Primary and Ekerorano Market polling stations. 

In 37 polling stations, the number of votes cast exceeded the number of registered voters while in seven stations, there were additional names on separate sheets of paper that were annexed to registers marked as missing names but who voted.

In 11 polling stations, the number of votes cast was less than the number who were indicated as having voted.

Of the 64 polling stations, it was only in 16 where the number of registered voters tallied with votes cast.

After tabling of the report, Justice Sitati warned supporters of any of the parties against busting into celebrations saying they could be in for a rude shock.

Although parties in the recount and scrutiny exercise were under oath of secrecy, findings of the report leaked on Thursday with supporters allied to Oyioka bursting into song and dance in the streets of Kisii Town.

The court fixed July 25 for lawyers of the parties in the suit to make submissions before the petitions could be determined.

Until, the court makes its findings, Opore remains to be the duly elected MP for Bonchari.