Posts tagged as: constituency

Breaking – Ssematimba Confirmed as MP

Photo: Daily Monitor

Peter Ssematimba (file photo)

Uganda’s Court of Appeal has on Monday confirmed Peter Ssematimba as the validly elected MP of Busiro South.

More follows…

(The Court of Appeal delivered the judgment in the election appeal filed by Peter Ssematimba against rival Stephen Sekigozi. Sematimba had challenging a Kampala High Court decision that nullified his election as Member of Parliament (MP) of Busiro South Constituency, on grounds of lack of academic qualification.)

Uganda

Questions Asked as 20 Women Killed

The woman’s body was lying in the bush near a popular boat docking site not far from a barracks. Her skirt was covered… Read more »

Malawi: Hospital Runs 45 Years Without Mortuary

By Anjoya Mwanza

The dream of Dwambazi Rural Hospital in Nkhotakota to have a mortuary at the facility is shuttered due to a mare K20 000.

The facility, which was opened in 1972 has a room which was designed as a mortuary but has never had a cold room.

A visit by this reporter to the hospital on Monday revealed that lack of mortuary facilities like a cold room at the hospital forces community members to immediately take their corpses home and sometimes burying them same day.

Cecelia Mwale of Kamphambale Village in the area said the people are at a risk of getting infectious diseases because some dead bodies are either decomposed or infectious.

“A mortuary helps relations to have time to prepare for burial. Usually, people also receive embalming services at the mortuary which help the dead body to stay for a while in readiness for burial,” she said.

A source at the hospital who opted for anonymity said in case of dead bodies that have not been identified, police and community leaders are involved for immediate burial.

According to councilor Joseph Zimkungi of Kasitu ward the efforts to get the mortuary refurbished was suspended due to lack of K20, 000 which they were supposed to use to transport the fridge from Nkhotakota District Hospital (DHO) to Dwambazi.

“This project was set aside to be funded by Constituency Development Fund (CDF). The Member of Parliament (MP) released CDF amounting to K572, 000 to an engineer identified for the project, a Mr. Kingstone who then requested the MP to give him MK20, 000 to transport the machinery from the Boma to Dwambazi.

“Upon seeing that it was taking time for the MP to release the funds, I offered my personal money but the legislator stopped the engineer from getting my money saying he wanted to strictly use CDF,” he narrated.

MP for Nkhotakota North, Frank Mphande said he is aware of the problems people in his constituency face due to lack of the facility hence initiating the project.

He, however, said that he tasked councilor Zimkungi to handle all the matters relating to the installation of the cold room at the hospital but the councilor has given him no feedback.

“I facilitated the release of CDF for the project. Spares were procured and the cold room for the old mortuary at the district hospital was repaired. However, the cold room was not transferred to Dwambazi because the councilor failed to release MK10, 000 which I requested him to pay and I promised a refund.

“Initially, I organised to involve other partners like Illovo Dwangwa Sugar Company to help us in transporting the machine from Nkhotakota health office to Dwambazi Rural Hospital,” said Mphande.

The legislator was quick to mention that he was following up the matter with the councilor to find out why there has been such a delay.

Nkhotakota District Health Officer (DHO), Sosten Lankhulani confirmed the project was suspended after the district hospital offered a cold room for the old hospital to the facility.

“I am aware that the project was being supported by the MP (Mphande) because he was the one who showed interest to assist. The cold room the health office surrendered to the rural hospital is still idle at the main hospital,” he said.

But he emphasized he did not know the source and amount of money which was being used.

Dwambazi rural hospital is found 101 kilometres away from its referral, Nkhotakota district hospital which is at the Boma. Kasitu ward which solely depends on the hospital has a population of 27 000 people.

According to Mphande if the cold room is installed, the mortuary would have maximum capacity storage of three corpses.

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Raila Odinga and Nasa Want IEBC CEO Ezra Chiloba Out

By Silas Apollo

Nasa leader Raila Odinga has reiterated that he will not take part in the October 17 repeat presidential poll unless IEBC officials accused of bungling August 8 poll are sacked.

Mr Odinga on Tuesday claimed there was a fresh plot to rig the repeat election using partisan IEBC officials he wants axed.

MEMO

“We want Chiloba and officers implicated in rigging of August polls to be sacked before next polls,” he said in reference to IEBC CEO Ezra Chiloba.

The CEO has been under fire lately after a leaked internal memo from Chairman Wafula Chebukati showed the commission wanted answers from him concerning failures that marred the poll.

Mr Chiloba is yet to respond to the 12 demands, including explanation why some election result forms lacked security features, purchase of satellite phones that never worked and why hundreds of polling stations did not send results of the presidential election to the national tallying centre.

“We want concerns raised by chairman (Wafula) Chebukati in the internal memo addressed. The IEBC cannot pretend to be united again. We are not going to fresh elections with that team.”

He spoke during a campaign rally in Kibra Constituency in Nairobi where he issued what he termed during the “Kibera Declaration”.

He was accompanied by his co-principals Musalia Mudavadi, Kalonzo Musyoka, Moses Wetang’ula and a host of Nasa MPs, senators and other leaders.

AL-GHURAIR

The opposition leaders accused IEBC of issuing ballots printing tender to Dubai-based Al-Ghurair, the same firm that printed documents used in the August 8 poll.

Nasa has opposed award of the tender to the French firm and asked the Government of France to investigate the firm’s officials accused of aiding vote rigging in Kenya.

“There will be no elections in October if concerns raised by Nasa are not addressed,” Mr Odinga said.

Mr Musyoka asked Director of Public Prosecutions Keriako Tobiko to arrest and prosecute IEBC officials implicated in the rigging of August poll once the Supreme Court issues its full judgment.

“We expect nothing short of prosecution,” he said.

Kenya

Duale to Seek MPs Approval of Sh11.5 Billion for Poll

Majority Leader in the National Assembly Aden Duale says he will be requesting MPs to approve the release of Sh11.5… Read more »

‘Nation Online’ Editor Julliet Mutegi Laid to Rest in Embu

By Charles Wanyoro

Nation journalist Julliet Mutegi who died on Saturday was laid to rest at Kamitaa Village in Embu County on Saturday.

In Murang’a County, the mother of Nation production editor Joe Mugweru Mbuthia was buried in a ceremony attended by Machakos Governor Alfred Mutua.

At Buwong’i Village in Funyula Constituency, Busia County, the mother of Nation opinion editor John Agunda, Mama Magdaline Akochi Agunda, was laid to rest in an emotional ceremony attended by hundreds of mourners.

In Embu, Ms Mutegi who was 34 at the time of her death was eulogised as social and hardworking.

Her sister Jessica Gatakaa said she died peacefully.

“She died surrounded by family members. We are still trying to come to terms with her death,” she said

BRAVE

Saturday Nation managing editor Ng’ang’a Mbugua said Ms Mutegi never shied away from confronting anyone she believed had mishandled an assignment she was working on.

“She never shied away from expressing her opinion as long as she believed she was on the right,” Mr Mbugua told the hundreds of mourners.

“Julliet made friends in her career and whenever she disagreed with anyone, she always made peace.”

He said the Nation Online sub-editor always carried her assignments diligently and sought more challenging duties.

Family spokesman David Mbaka said Ms Mutegi aired her opinion, especially if she felt her rights had been trampled on.

REPEAT CLASS

“She was no pushover. She was once forced to repeat class in Form Three because she was deemed too young to proceed to Form Four,” Mr Mbaka said.

“She transferred from the school and passed her national examinations with flying colours.”

Julliet is survived by father Phineas Mutegi, mother Priscilla Ciamwari, two sisters and a brother.

Ms Mutegi joined the Nation Media Group from Safaricom in 2013.

During service for Mama Veronica Wairimu Mbuthia at Our Lady of Consolata Kiriaini Catholic church, Governor Mutua described her as a brave and generous woman who promoted education and development.

The funeral was attended by hundreds of mourners and Nation employees.

Kenya

Odinga – Nasa Ready for Polls but Concerns Must Be Addressed

Kenya opposition National Super Alliance presidential candidate Raila Odinga has said his team is ready for the October… Read more »

Court Battles Begin as 120 Election Petitions Filed

By Sam Kiplagat

A total of 120 election petitions arising from the August 8 General Elections have been filed contesting various positions.

Top on the list are 62 cases filed at the magistrates courts, across the country, challenging the elections of members of the county assemblies.

The highest number of county assembly seats being challenged are in Kakamega, Kisii and Turkana counties, with each having five contested outcomes.

A total of 35 MPs are facing court cases, while four senators and three woman representatives will also be battling petitions in court.

GOVERNORS

The elections of 15 governors are also being challenged before the High Court, the latest being that of Wajir Governor Mohamed Abdi Mahamud of Jubilee Party whose election is being challenged by former Governor Ahmed Abdullahi and Ahmed Muhumed. Mahamud beat the two to emerge the victor on August 8.

In Nairobi, former nominated Senator Elizabeth Ongoro moved to court to challenge the election of her rival TJ Kajwang for the Ruaraka Parliamentary seat.

During the just concluded polls, Mr Kajwang of ODM was declared winner after garnering 32,190, while Ms Ongoro of Amani National Congress got 28,127 votes.

SEXIST TACTICS

But in the petition, Ms Ongoro alleges that Mr Kajwang’ used “sexist tactics, violence, intimidation and coercion” to secure the seat.

She says Mr Kajwang engaged in sexist tactics and used violence to keep her supporters, who were mostly women from actively engaging in politics.

The former assistant minister alleges that elections in Ruaraka Constituency were not conducted in accordance with the Constitution, rendering the declared results invalid, null and void.

Others who field cases in Nairobi are Mr Ishrad Sumra of ODM, who challenges the election Julius Musili of Wiper Party as Embakasi South MP.

Mr Musili was declared winner after getting 25,836 votes against Sumra’s 25,590 votes.

BABU OWINO

Also challenging the outcome of the polls is Mr Francis Mureithi who lost the Embakasi East seat to ODM’S Babu Owino and Mr Steve Mbogo of ODM, who lost the race to singer Charles Jaguar Kanyi of Jubilee in Starehe Constituency.

And in Gatundu North, former MP Clement Waibara has also filed a petition to challenge the victory of Ms Anne Wanjiku Kibe (Party).

Mr Waibara is seeking to have the outcome of the election nullified.

Ms Kibe garnered over 39,000 votes while Mr Waibara got 9,000 votes.

Kenya

Ruling Party, Opposition Reject New Election Team

The electoral commission was on Wednesday headed for a fresh crisis after the appointment of a team to manage the repeat… Read more »

Kwahani to Have Safer Water

By Abdallah Msuya in Zanzibar

RESIDENTS of Kwahani constituency in the Zanzibar Municipality are set to have access to clean and safer domestic water and use better feeder roads and pedestrian bridges after construction work started in the area.

Speaking during the launch of the feeder roads improvement project, Mr Salum Fundi Salum, Kwahani councillor, said residents were happy about the envisaged developments. He added that the move will go a long way in improving their livelihoods.

“This feeder road project will bring relief to the residents of Kwahani who for a long time have been using impassable roads,” Mr Salum said adding that the roads improvement was among the projects funded under the Constituency Development Fund (CDF) from the Union Government.

He said that he has been working with the Constituency MP Dr Hussein Mwinyi with support from development partners to improve the livelihood of the people of Kwahani including solving water shortage problems as par Chama Cha Mapinduzi (CCM) manifesto of 2015/2020.

Mr Salum said next Sunday residents of Kwahani are expecting to meet and share ‘light moment’ with China Ambassador to Tanzania Dr LU Youqing who plans to visit schools such as Makadara, Muungano, and Sebleni in the areas.

“While in constituency the China ambassador will see our development efforts by at least visiting the three schools and provide computers,” he said asking residents to turn-up in big numbers to welcome the ambassador.

“For many years, parts of Kwahani constituency have been experiencing challenges to access clean water, using feeder roads bearing potholes and a dilapidated pedestrian bridges, prompting using CDF to bring changes.

Tanzania

Minister Touts Zanzibar’s Tourist Hot Spots

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Police Launch Investigations on Fires in Two Busia Schools

By Gaitano Pessa

Police in Busia have launched investigations into the cause of two separate fire incidents that burnt property of unknown value in two secondary schools on Monday.

At Makunda Mixed Secondary School in Budalangi Constituency, a food and stationary store were reduced to ashes while students at Bujumba Boys Secondary School in Butula Sub-County are suspected to have burnt their mattresses before the fire was contained.

Budalangi OCPD Fredrick Kagari told Nation on Monday evening that no injuries were reported during the 5am incident at Makunda.

“Our [initial] investigations have already given us a lead in establishing the cause of the fire with a link to students who were reporting back to school. We will give you full a report after investigations are over,” he said.

Earlier, the school’s Board of Management chairman Francis Tumbo said unknown people torched the store.

Apart from maize and beans, the other store had kitchen utensils, store record books and school stationeries.

Last week, some rowdy students forced the school’s management to temporarily close the institution which hosts about 600 students after they pelted their colleagues with stones while they were on parade.

The school was being opened for a second time with Form One students reporting first.

The incident comes just few days after other fire incidents in which dormitories in Moi Girls School in Nairobi and Sigoti Girls School in Nyakach, Kisumu County were burnt.

Kenya

Sofapaka’s Kasumba Eyes League’s Golden Boot Award

Sofapaka striker Umaru Kasumba has set his sights on winning the SportPesa Premier League’s Golden Boot award and become… Read more »

Supreme Court Votes for Democracy in Kenya Election Petition

analysisBy Sekou Owino

The historic ruling by the Supreme Court of Kenya, which annulled the declaration of President Uhuru Kenyatta as the winner of the 2017 presidential election and ordered a fresh election, signifies the emergence of the Supreme Court as the guardian of democracy.

The court’s decision — by majority, not unanimous — means that Kenyans will now go back to the polls in 60 days to elect a president after the judges found that the Independent Electoral and Boundaries Commission failed and/or neglected to conduct the elections in accordance with the Constitution of Kenya and the Elections Act.

The court also found that the presidential elections had been so ridden with irregularities and illegalities as to the requirement for transmission of the electoral results from the polling stations.

As a result of these findings, the court declared that the elections and consequent declaration of Mr Kenyatta as having been re-elected invalid, null and void.

Two judges of the Supreme Court were in dissent. Justice Prof Jackton Ojwang’ and Justice Njoki Ndung’u disagreed that the election should have been invalidated.

The petition was filed on August 18 by opposition leaders Raila Odinga and Kalonzo Musyoka, who had run against President Kenyatta. They named the IEBC and its chairperson Mr Wafula Chebukati as first and second respondent, respectively, and President Kenyatta as the third respondent.

At the heart of the petition were claims that the IEBC and and/or its officials and agents had engaged in, or deliberately countenanced, illegalities and irregularities, which failed to meet the requirements of the Constitution and the electoral laws of Kenya. They, therefore, sought orders of the court to have the elections annulled and a new election to be conducted.

More specifically, Mr Odinga and Mr Kalonzo complained that the IEBC had failed to relay results as required by law. They claimed that the IEBC started transmitting supposed results of the elections after polling closed, contrary to the law.

Results transmission

An earlier ruling in the Court of Appeal had declared that the results of presidential elections should be handled in a specific way. It required that upon closure of the polls, the votes should be counted and declared publicly and the results filled into the legally required forms at the polling station (Form 34A).

The results thus declared, would be the final results and would not be amenable to change at any other level whatsoever, not even by the chairperson of the IEBC who in law is designated as the presiding officer for presidential elections. The presiding officer at the polling station was required to post a copy of the Form 34A at a publicly accessible point within the station.

Simultaneously with the posting of the Form 34A, the presiding officer was required to capture a scanned image of it and transmit the image to the IEBC National Tallying Centre in Nairobi as well as to the Constituency Returning Officer for the constituency in which the polling station is situated.

The constituency returning officer would, upon receipt of all the Forms 34A from all polling stations in the Constituency, collate the forms and compile them into an aggregate that would be laid out in a Constituency Tally Form known as Form 34B. An image of Form 34B was also required to be transmitted to the National Tallying Centre and followed by a delivery of the original to the tallying centre.

At the national centre, all the Forms 34B would be collated and the results relayed into a national aggregate into a Form 34C, which would then be used by the IEBC chair to declare the final result.

During the 2017 elections, Kenya had 40,883 polling stations (which translates to 40,883 Forms 34A), 290 elective constituencies. However, there were to be 292 Forms 34B.

The two extra Form 34Bs arose from the diaspora and prisoners’ votes, which were considered as additional constituencies for the purposes of the presidential elections. Prisoners and Kenyans in Uganda, Tanzania, Rwanda, Burundi and South Africa are eligible to vote for president. The 292 Forms 34B would then be reduced into a single Form 34C.

The essence of this decision was, therefore, that the results declared at the 40,883 polling stations would be final and that they would have to be reflected in the Forms 34B and finally into Form 34C for declaration of the result and without any authority for any changes to any of the forms declared at the polling stations.

Scanned images

This rigorous process sought to address the complaints in previous elections to the effect that presidential results were frequently changed at the national offices by IEBC officials under the premise that they were making adjustments to mistakes. The Court of Appeal, it may be said, locked this process with golden handcuffs from the polling stations.

Flowing from this was also the constitutional requirement that Kenya’s electoral system would be simple, verifiable, accurate, secure, transparent and accountable.

These constitutionally sanctioned requirements dictated that the results from the polling station be final (that is, they could not be changed) and that the results from the polling station had to be transmitted simultaneously with the images of the forms to eliminate opportunity for tampering.

This Court of Appeal decision was at the heart of the complaint by the petitioners. They claimed that the IEBC failed to send the images of the forms from the polling stations simultaneously with the results sent to the National Tallying Centre. That not only defied the Constitution, but was a systematically aimed at changing the forms.

In particular, the petitioners claimed that as of the time of declaration of the results on August 11, the IEBC had not received up to 10,000 of the Forms 34A. This meant, in the contention of the petitioners that the results were declared without verification as required by law and confirmed in the Maina Kiai judgement at the Court of Appeal.

Hacked system?

Another ground of the petition was that some of the forms displayed by the IEBC in its online results portal were forgeries. Examples given here were the fact that some appeared to have security features such as watermarks and serial numbers while others did not. This, they contended failed to meet the requirement for transparency.

In further attacking the reliability of the forms and information used to declare the results, the petitioners contended that there appeared to have been a statistically identical gap of 11 per cent between the Mr Odinga and President Kenyatta right from the initial broadcast of results from the polling stations until the declaration of the re-election of Mr Kenyatta made on August 11.

The petitioners adduced evidence by affidavit of a statistician who contended that this was an extremely unlikely scenario within the range of statistical possibilities.

Clothed in this was the allegation by the Petitioners that the IEBC’s results transmission system had been hacked and invaded by an algorithm to maintain a result irrespective of the results.

Use of State resources

A third contention that was canvassed was that Mr Kenyatta, as incumbent president, had allowed and or encouraged state officials such as Principal Secretaries to campaign for his re-election contrary to law.

They also claimed that the Executive had taken advantage of its incumbency to campaign using state funds under the pretext of informing the public about projects that the government had undertaken during the president’s first term.

The Constitution of Kenya requires that a petition challenging a declaration of an election for the Office of President should be filed within seven days of the date on which the declaration of the results is made. The Supreme Court is then required to hear and determine the petition within 15 days. This means that the court needed to hear the petition and hand down a judgement by September 1, 2017.

The petition was heard over two days, starting with a pre-trial conference on Saturday August 26. At the beginning of the case, the petitioners applied to the court to order the IEBC to deliver to the court all the Forms 34A and 34B for purposes of verification.

They also sought an order for access to the IEBC’s elections results transmission system. Understandably, the IEBC and its lawyers opposed this second application, contending that such access would be extremely risky and would reveal sensitive, classified information the petitioners were not entitled to receive.

This application would appear to have been the centre-piece of the petition and seems to be one of the golden nuggets of this dispute. On Monday (August 28, 2017), the Supreme Court granted the application and ordered the delivery of the forms to its custody for scrutiny.

More importantly, the court granted orders for “read only access” to the transmission system. In so doing, the court struck a huge blow in favour of the citizens’ right to information under the Constitution.

The decision on the application for access to information held by the IEBC may have been important for this case, but it is even more important beyond this case as a precedent for the upholding a citizen’s right to information held by a public body.

By this decision, it will no longer be an excuse for any public body to keep information secret and deprive citizens access, claiming that the information is classified. Such claims must be tested going forward.

Succinct message

Even when the IEBC appeared to have been vacillating and failing to provide the information on time, the court reiterated the order for obedience in firm tones that communicated the succinct message that the information may be within the custody of an appointed officer, but it ultimately belonged to the public.

The hearings over two days involved a right schedule between the petitioners to whom the court allocated five hours to argue their case. The IEBC and its chair got three hours and President Kenyatta’s legal team also got three hours. The Court also permitted the Attorney-General and the Law Society as friends of the court (amicus curiae) and accorded them 20 minutes each. The court also permitted the advocates of two other presidential contestants to make representations before it.

Departure from 2013

Even though this Petition of 2017 was the second one that the Supreme Court heard challenging the election of the President, there were some clear departures from the case of 2013. The first was that the court appeared more strident in managing time and the range of advocates’ submissions.

Secondly, the court was clearly less inclined to hear or sustain technical challenges by the parties. For example, the court allowed a number of documents to be admitted in the record by both parties even though they may have been filed out of the time specified in the Rules of the court. In so doing, the court indicated that the procedure must not be allowed to prevail over substantive justice.

The IEBC’s advocates were firm that the issues raised by the petitioners were administrative challenges and mere errors and did not ultimately affect the elections and efficacy of the results. They argued that the evidence adduced by the petitioners would not show that they affected the results in a way which would have turned the result around.

Lessons learnt

The petitioners contended that the constitutional requirements as affirmed by the Maina Kiai Court of Appeal decision was that the requirements of verifiability and transparency are not in vain but are imperative requirements for a free and fair election. There inclusion in the Constitution was not for the mere reason that some draftsman had too much ink and paper.

On September 1, 2017, the petitioners’ arguments appear to have prevailed: The court found that the irregularities and illegalities so tainted the 2017 elections that the results flowing therefrom were invalid and a fresh election needed to be held.

Even though the Supreme Court will give its full judgement and reasons for its decision within 21 days, the essence of this decision is not merely the historical one that this is the first petition against a presidential election to succeed. Neither is the fact that this is one of the rare instances, not only in Kenya, but the whole world where a petition has succeeded against an incumbent president.

The real lesson from this is that the Supreme Court has emerged as the guardian of democracy by asserting its independence against the Executive and declaring boldly that it is also an arm of government and of no less stature than the Executive and the Legislature.

Equally important is that the court sent word to the country that it is not an institution to be taken for granted but can be counted upon to uphold the rights of the people irrespective of their position within the spectrum of power.

How Lawyers for Kenyatta and IEBC Responded to Petition

By John Kamau

Senior Counsel Fred Ngatia is well known in the legal circles and it was obvious when Raila Odinga filed his petition that President Kenyatta would once again go for him.

When he stood to address Supreme Court’s seven-member bench, Mr Ngatia’s first salvo was to try and weaken the petitioner’s case by knocking out documents filed out of time.

He didn’t go far since the court seemed to depart from the Mutunga’s court technicalities which knocked out some of Raila Odinga’s affidavit in 2013.

Mr Odinga’s lawyers had sought to knock out Mr Kenyatta’s and IEBC’s affidavits too, arguing that they were served to the petitioners out of time.

CLOSED OFFICE

Mr Ngatia told the court that Mr Odinga’s lawyers closed down their office and as a result they could not serve them within the deadline.

He told the court Mr Kenyatta’s lawyers had waited for Mr Odinga’s lawyers on the night they were served.

The Supreme Court saved the entire case by ruling that were Mr Odinga’s prayers granted, “it would dispose of the entire case” of IEBC, its chairman Wafula Chebukati and President Uhuru Kenyatta at the preliminary stage.

“Such a drastic consequence in our view cannot be justified if the scales of justice are weighed in favour of all the parties to this petition,” said the court.

Having survived this legal scare, which could have damaged their case, the lawyers for the three respondents worked to respond to Mr Odinga’s accusations.

PAUL MUITE

The first off the block was Paul Muite for IEBC who surprised everyone -Mr Ngatia said as much – when he agreed to Mr Odinga’s demands that IEBC grants the petitioner access to the servers and the Forms 34B for scrutiny.

The bone of contention was whether there was anything amiss with the transmission of these results and whether that was in accordance with provisions of the Constitution, the Election laws and decision of the Court of Appeal.

The Court of Appeal decision known as Independent Electoral and Boundaries Commission v. Maina Kiai became an important part of the argument in the submission of both Mr Muite and Mr Ngatia.

Mr Muite told the court that the Maina Kiai decision made presidential results announced at the Constituency level final and nobody could interfere with them.

He said that this also eliminated the provisional results – he contended that these were mere statistics – when they were entered into the Kenya Integrated Elections Management Systems (Kiems).

FRED NGATIA

It is this issue that was taken over by Mr Ngatia who argued that the entire voting method was “simple, accurate, verifiable, secure and transparent.”

“You are now being asked to interfere with people’s will,” Mr Ngatia told the court. “The petitioner is seeking to invalidate which was otherwise a valid election.”

Mr Ngatia said that unlike other elections tackled at the High Court, the Presidential election should not be based “on qualitative approaches” arguing that it should be based on the Constitution.

He submitted that Nasa agents were present in 84 per cent of polling stations and they signed the declaration of presidential results in 93.8 per cent of the polling stations where they were present.

On Jubilee, he said the were present in 92.3 per cent of all polling stations and they signed in 95.8 per cent of those polling stations.

PLO LUMUMBA

It was Ngatia’s submission that Mr Odinga’s agent agreed to the primary results.

While Mr Odinga had complained that results started streaming very early at 5.07pm, Mr Ngatia told the court that this should not have been a complain but a compliment.

He said that this polling station had 10 votes cast. “How long does it take to count ten ballot papers?”

For PLO Lumumba, appearing for IEBC, he said that Mr Odinga’s affidavit as a “fishing expedition” and as an “afterthought.”

Mr Lumumba also said the petitioner had told the court that of the 15 million votes only 2,300 votes were in doubt. “No court has ever nullified a presidential petition on what falls under de minimis rule,” he said.

IEBC Yet to Set New Date for Kitutu Chache South Poll

By Magati Obebo

Residents of Kitutu Chache South Constituency in Kisii and Bogichora Ward in Nyamira will have to wait for a little bit longer before they elect their representatives.

The electoral commission says a new date for the polls will be set once the county and National Assembly speakers declare the seats vacant.

DEATHS

Both polls were suspended by IEBC following the deaths of MP candidate Leonard Gwaro (Kitutu Chache South) and MCA contender Onsomu Okebiro (Bogichora).

Mr Gwaro died on July 8 in a road crash at Nyakoe area on the Kisii-Kisumu highway as he drove to a rally.

Mr Okebiro, on the other hand, passed on at a Kisii hospital after a short illness.

IEBC Commission Spokesperson Andrew Limo on Wednesday evening told the Nation that no definite date had been set and urged residents to be patient.

“Right now, it is difficult to give a proper time frame upon which the election will be done because both House (National and County Assembly) speakers have not been picked,” he told the Nation by phone.

INCUMBENTS

Once declared vacant, said Mr Limo, they will move ahead and declare the dates for the polls.

IEBC has already advised the affected political parties to make replacements before the election date is set.

In Kitutu Chache South, the incumbent MP Richard Onyonka (Ford-Kenya) will continue serving until the elections are held while in Bogichora, Mr Beuter Omanga will also continue being the area MCA.

In Kisii, consultations within Jubilee are still going on who between Mr Anthony Kibagendi and former Kisii Town Mayor Samuel Nyangeso will run for seat on the party’s ticket.

Kenya

Kilifi on Cholera Alert as 8 People Test Positive

A cholera outbreak has been reported in Kilifi County with eight cases under watch. Read more »

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