Former Ugenya MP Dave Ochieng has filed a petition at the Siaya High Court challenging the win of Chris Karan.
In a petition filed by his lawyers Rogers Sagana and Daniel Achach, Mr Ochieng cited electoral malpractices which he said affected the outcome of the elections.
Mr Ochieng who contested in the August elections on a Movement for Democracy and Growth (MDG) party garnered 23,418 votes against his challenger, ODM’s Mr Chris Karan, who garnered 23,765 votes, which is a difference of 347 votes.
Others who participated in the elections included Alex Obonyo (Jubilee) who garnered 62 votes, Jerry Omogi (Ford Kenya) who garnered 59 votes and Philip Onyango (ANC) who garnered 84 votes.
Speaking at the Siaya High Court, Mr Sagana said that they have also enlisted the IEBC returning officer in the suit and hope that the court will accept their petition and nullify the elections.
“Having scrutinised the entire electoral process, we have established that a lot of malpractices [happened]. Our client [is] convinced that the outcome does not reflect the will of the Ugenya voters. We hope that the court will approve our concerns,” said Mr Sagana.
The former MP has lined up 183 witnesses to testify, in addition to the piles of paper evidence he says will prove the allegations.
“We are sure that Karan’s win will be nullified based on the numerous electoral malpractices witnessed before, during and after the announcement of the results. We hope that the court will nullify the win and call for an election process which compiles to the Constitution,” said Mr Sagana.
Mr Ochieng’s petition is the first election petition presented in the Siaya High Court.
Other petitions are expected to be filed as losers in various races have vowed to go to court.
They include Nicholas Gumbo (Independent) who protested Siaya Governor Cornel Rasanga’s win. Mr Rasanga vied on an ODM ticket.
Former Gem MP Jakoyo Midiwo (Independent) also claimed that the win by Mr Elisha Odhiambo (ODM) was fraudulent.