COUNTDOWN

Kidero has a week to contest Wanga's election

Election Act says election petitions for governor seat should be filed within 28 days of declaration

In Summary

• Kidero protested Wanga's election saying the Independent Electoral and Boundaries Commission announced wrong results.

• Homa Bay IEBC returning officer Fredrick Apopa declared Wanga as the winner for gubernatorial seat with 244,559 votes while Kidero got 154,182 votes.

Homa Bay Governor Gladys Wanga and Evans Kidero dance during a graduation ceremony at Asumbi in Rangwe constituency on March 17,2022
GUBERNATORIAL PETITION: Homa Bay Governor Gladys Wanga and Evans Kidero dance during a graduation ceremony at Asumbi in Rangwe constituency on March 17,2022
Image: ROBERT OMOLLO

@robertomollo3

Former Nairobi Governor Evans Kidero has one week to file a petition challenging the election of Gladys Wanga as Homa Bay governor.

Kidero protested Wanga's election, saying the Independent Electoral and Boundaries Commission announced wrong results.

Homa Bay IEBC returning officer Fredrick Apopa declared Wanga as the winner for gubernatorial seat with 244,559 votes while Kidero got 154,182 votes.

However, Kidero dismissed the claim saying he was denied his win.

By Wednesday, Kidero was still in the process of seeking adequate evidence to enable him file the petition.

Wanga was declared the winner on August 12.

According to the Election Act, election petitions for the governor seat should be filed within 28 days after the date of declaration of the results and served within 15 days of presentation.

Former Nairobi governor Evans Kidero casts a ballot at Asumbi Primary School in Rangwe constituency on August 9, 2022
COUNTDOWN: Former Nairobi governor Evans Kidero casts a ballot at Asumbi Primary School in Rangwe constituency on August 9, 2022
Image: ROBERT OMOLLO

Two weeks ago, Kidero’s lawyer Okweh Achiando and Company Advocates wrote to IEBC demanding to be furnished with election materials.

He is still seeking copies of all Forms 34, 35, 36, 37, 38 and 39 A, B and Cs obtained from all polling stations and tallying centres in the county.

“IEBC needs to provide audit logs of all Kenya Integrated Electoral Management System kits transmitted from the polling stations to the tallying centres during the poll,” Kidero said.

In the letter, the former governor also wants the commission to provide him with the static Internet Protocol address of each Keims kits.

He wants them as was used during Homa Bay gubernatorial election as well as specific General Packet Radio Services locations of each of the electoral gadgets for a period between August 8 and August 11.

Also, all SD cards used in the machines during the exercise.

A count of the number of voters identified by each machine used in the poll as well as the number of voters identified alpha numerically and the number of voters identified manually should also be provided.

“This should be alongside copies of manual registers used during the poll and poll diaries used on August 9,” the letter read.

Should he succeed, Kidero would want the court to quash Wanga's election.

Last week, Kidero threatened to sue IEBC after failure to provide him with what he wants.

Kidero had claimed that electoral forms were altered between the polling stations and the tallying centre.

“I know I won the election as per the original Forms 37A. Figures were altered in favour of my competitor and there is evidence in Mfangano, Rusinga and a number of areas across the county,” Kidero said at his home in August 12.

According to him, he was supposed to be declared winner after garnering more than 225,000 votes.

“My competitor was declared winner in a process marred with voter bribery, intimidation of agents and chaos. We must reclaim our victory,” Kidero said.

(Edited by Bilha Makokha)

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