Monday, October 7, 2013

Court nullifies election of Bomachoge Borabu MP

MP Bomachoge Borabu Joel Onyancha (right) with his lawyer Kibe Mungai at the Kisii High Court during a past hearing. The court nullified Mr Onyancha's election on October 7,2013. PHOTO/FILE

MP Bomachoge Borabu Joel Onyancha (right) with his lawyer Kibe Mungai at the Kisii High Court during a past hearing. The court nullified Mr Onyancha's election on October 7,2013. PHOTO/FILE 

By JACKLINE MORAA
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The High Court in Kisii has nullified the election of Joel Onyancha as Bomachoge Borabu MP.

This is the second time Mr Onyancha of The National Alliance (TNA) is losing a seat in an election petition. He suffered the same fate in 2007 when the High Court nullified his election.

Justice Edward Muriithi on Monday ruled that the election was marred with malpractices.

The petition had been filed by poll losers Mr Peter Kimori of ODM and Mr Albert Nyaundi (Ford People).

The petitioners cited massive irregularities during the March 4 polls.

Through lawyers Ombati Omwanza and Edward Begi, the petitions urged the court to nullify Mr Onyancha’s election on grounds that the exercise did not comply with election regulations.

In his ruling, Justice Muriithi zeroed on allegation of irregularity at Senta polling station, which is Mr Onyancha’s strong hold.

The station was at the centre of controversy and featured prominently during the hearing of the case.

The presiding officer is said to have abandoned ballot boxes at a waiting room only to resurface with blank forms 35.

Justice Muriithi however dismissed allegations of voter bribery, intimidation, voter importation and electoral misconduct by Mr Onyancha saying they were not proved beyond reasonable doubt.

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