Oparanya survives as MP stripped of seat

Voters in Bonchari constituency will be going back to the polls while those in Kakamega County, Kitutu Masaba and Navakholo constituencies have been spared by-elections.

The Court of Appeal in Kisumu Friday quashed a High Court decision of September 20 last year that installed Mr John Oroo Oyieka (Kanu) as Bonchari MP without ordering a by-election at the end of a petition.

It, however, declined to overturn decisions of the High Court that endorsed Mr Wycliffe Oparanya as Kakamega governor and Timothy Bosire (ODM) and Emmanuel Wangwe (UDF) as Kitutu Masaba and Navakholo MPs, respectively.

The reason why a by-election will be necessary in Bonchari, the Appeal Court said, is that High Court judge Ruth Sitati didn’t consider the fact that a win has to be apparent for a court to safely declare someone a winner.

A recount ordered by the court revealed that Mr Zebedeo Opore, who was declared to have won by five votes by the electoral commission had, in fact, lost to Mr Oroo by four votes.

The judge then decided that because Mr Oroo had not committed an election offence, it was proper for him to be declared the winner without voters going back to the polls.

But the three-judge appellate bench disagreed, saying the win was not apparent.

“We do not think it can be said that the winner was visibly obvious by simply considering the results of the recount only, particularly where the margin between the winner and the runner-up was so narrow,” said Justices Daniel Musinga, Festus Azangalala and Sankale ole Kantai in a unanimous decision.

The bench said there were questions regarding the number of votes lost, which made it unsafe to declare a winner from a recount.

They gave examples of Kenyorora, Gesero, Nyabioto and Suneka polling centres where a total of five votes were lost.

“The record shows that these are not the only stations where some of the candidates may have lost votes due to errors by officials of the third respondent,” they added.

In the Kakamega petition, Ms Mabel Muruli was a second-time loser in her bid to overturn the election result.

Because she voluntarily agreed to terminate a case against the IEBC for her name not appearing on the ballot paper, the court said, she has to live with the consequences.

Ms Muruli had initially been turned down by the IEBC on the grounds that she did not have a degree.

The four judgments delivered by the court drew various reactions.

In Bonchari businessman Joseph Kombo said a by-election is the sure way to counter polarisation that was emerging in the constituency.

He said it will reduce the emerging tension between Bonchari North — where Mr Opore comes from and whose people feel short-changed — and the southern part where Mr Oyioka comes from.

“The by-election will provide for a fair ground for both contestants to prove who really won the race,” he said.

Mr Kombo, however, lamented that development in the constituency will lag behind as constituents have been in campaign mood for more than a year.

Mr Peter Resa, the constituency’s returning officer, said the IEBC will abide by the law and deliver a credible election.

In Kakamega, supporters of Mr Oparanya broke into song and dance shortly after his victory was upheld.

Reporting by Elvis Ondieki, Jackline Moraa and Benson Amadala

He said political detractions of the Mr Oparanya had been using the petition as a smokescreen to undermine the Governor and his team.

On his part, Mr Oparanya said he was relieved that the case was finally out of way. He accused his political opponents of using the petition to try and derail his development agenda after his victory in the gubernatorial polls.

Mr Oparanya said he was ready to work with all leaders in the County to develop the region and improve services to residents.

Mr Oparanya said the time had come for leaders in County to bury their differences and respect each other and work as a team.

“I feel so relieved. I now have the opportunity to focus my efforts on the development in the County. My appeal to all leaders is that lets come together and work as team to be able to improve s services to residents,” said Mr Oparanya.

Senator Boni Khalwale said Mr Oparanya should now get his act to together and deal with issues of financial management and integrity of officers serving in the County Government.

“There is a perception of lack of focus on the part of Governor Oparanya since he was elected into office because of the petition challenging his victory in last year’s election,” said Mr Khalwale.

Dr Khalwale said the Governor should address the grievances raised by traders on the new charges in the Finance Act which sparked off protests last week.

The chairman of the Kakamega branch of the Kenya National Chamber of Commerce and Industry Engineer George Musindi said Mr Oparanya should settle down to serious business and improve roads and other infrastructure in the region.

Reporting by Elvis Ondieki, Jackline Moraa and Benson Amadala