By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com ( email the author)
Posted Sunday, January 27 2013 at 00:30
Posted Sunday, January 27 2013 at 00:30
In Summary
- Petitioners place blame on parties election officials and their national elections board, bribery and intimidation for the unsatisfactory nature of the selection which saw some losing candidates getting certificates
The chaos in the nominations was on Saturday laid bare when aspirants appeared before the disputes resolution panel of the electoral body.
The aspirants told the panel made up of commissioners from the Independent Electoral and Boundaries Commission, that there was rampant violence, bribery, ballot stuffing, attacks on election officials, and cases where the poll losers were declared winners.
The complaints against election officials of the political parties came from all levels where the party nominations were held. There were those who told the panel that they won the polls, yet when they went to the head office of their respective political parties, the party refused to issue them with a certificate.
“Some people voted multiple times. Because there was no party list and no IEBC list to check who was voting, people voted and went back to the line, to vote again. They voted in circles as many times as possible,” said Mr Eric Ochanda, an aspirant for the Makongeni county representative seat in Nairobi.
One governorship aspirant from Elgeyo Marakwet County said that although his party, Kanu, had assured him of a direct nomination, because he was the only candidate, the party short changed him when it issued a certificate to a “defector from United Republican Party”, who had come second in the URP primaries.
Immigration minister Otieno Kajwang’ yesterday faced off with a voter over his qualification to vie as Senator for Homa Bay County.
The voter, Mr Edward Ochieng’, told the dispute resolution panel that Mr Kajwang’ had been struck off the advocates’ roll in Kenya because of “integrity issues”, and therefore, under the Leadership and Integrity chapter in the Constitution, was not fit to run for public office.
Speaking through a lawyer, the voter said the nomination certificate issued to Mr Kajwang’ by ODM had to be withdrawn.
However, Mr Kajwang’, through his lawyer Assa Nyakundi, told the panel that he had been reinstated in the Law Society of Kenya list of advocates. He said the ban on his legal practice in the country had also been lifted. That was done in July, 2012.
“I have a constitutional right to vote and to offer myself for election. You cannot take away that right, unless you go to the High Court and satisfy that court that I don’t meet the requirements of leadership and integrity as prescribed in the Constitution and in the Act of Parliament on that matter,” Mr Kajwang’ told the panel when he was asked to respond.
“There was an election. I participated in the election. I was declared the winner. The party has the results,” the minister told the IEBC panel.
ODM’s lawyer Jotham Arwa said while the party’s constitution provided for universal suffrage when it comes to picking candidates, it had a right, under the law to select a candidate.
Former permanent secretary James Nyikal had a hard time explaining to the commission how he got ODM’s parliamentary nod for Seme constituency, yet the ballot papers were burned, and the results of the nominations were never announced.
Mr Victor Ogenga told the IEBC panel that as at the last count, he was in the lead. He said after the announcement, youths stormed the polling centre and burned the ballot papers to stop any possibility of a recount.
With that, ODM decided to issue the certificate to Dr Nyikal.
The panel chairman, Mr Thomas Letangule, asked Dr Nyikal if he was declared the winner by the returning officers.
“There were no results. I was given the certificate in that election. Nobody knows who caused the violence because it is the crowds that caused the disruption,” said Dr Nyikal.
The former PS denied accusations that his supporters had raided the polling station. He said it was impossible to attribute mob violence to one person.
“I had nothing to do with the violence,” Dr Nyikal added.
Mr Arwa said the party issued the certificate to Dr Nyikal because it could not determine who had won.
“There were no primaries held and therefore there was no way of knowing who would have won. The matter was referred to the party’s National Election Board which undertook a direct nomination. This was a decision which was taken by the party at the highest level,” said Mr Arwa.
He said that any queries should be referred to ODM’s National Election Board. The IEBC panel comprised commissioners Thomas Letangule, Mr Yusuf Nzibo, Mr Mohammed Alawi, Ms Kule Galma Godhana, and Ms Betty Nyabuto. The hearings took place at the Milimani Law Courts in Nairobi. Yesterday was Day Three of the hearings.
Mr Cyprian Awiti and Mr Philip Okundi, both who wanted the ODM ticket for Homa Bay governor also came before the panel to settle their scores.
Mr Okundi said there were elections, but because of violence in some of the polling stations, the results were cancelled. He added that the returning officer decided to announce him the winner.
“The returning officers from the constituencies met, and by consensus agreed that I should be given the certificate because I had strong support in areas where the election was marred by violence,” said Mr Onkundi.
But ODM issued the certificate to Mr Awiti.
“Somehow my name was deleted from the final list of the party,” said Mr Okundi.
Mr Awiti, who sat in the courtroom, occasionally patting Mr Okundi’s back, said there was a signed sheet of the results, showing that he (Mr Awiti) had won the elections in Homa Bay, and that was why ODM had issued him with the party’s certificate.
“Mr Onkundi is a friend of mine. He is a honourable man. He should accept defeat. Even if we go back to the ballot today, and Mr Onkundi knows this very well, he cannot defeat me,” Mr Awiti told the IEBC panel.
The IEBC will rule on the petitions on Monday.
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