Kidero files petition challenging Wanga's win in Homa Bay

Former Nairobi Governor Evans Kidero has filed a petition to nullify Homa Bay Governor Gladys Wanga's victory.

The petition has been filed at the High Court in Homa Bay.

Kidero and his running mate Elijah Kodo want the court to order a recount and declare him the winner of the hotly contested election.

“Reasons wherefore your petitioners humbly pray for the following orders and declarations,” the petition reads.

“That a declaration is hereby made in the alternative that the gubernatorial election held on August 9, 2022, in Homa Bay county was not conducted in accordance with the Constitution and the applicable law rendering the declared result invalid, null and void."

The IEBC, ODM and Wanga are listed as the first, second and third respondents.

Kidero claims that the election was marred with massive irregularities, voter bribery, swapping of results, voter suppression and voter manipulation that compromised its integrity.

This, he says, was made possible by outright violence, which in some instances was presided over by security officers and provincial administrators.

“The petitioner submits that the flaws and irregularities that characterised the gubernatorial elections; which we particularise hereunder, unlawfully subverted the sovereign will of the Homa-Bay County electorate,” the petition reads.

The ex-city boss claimed that his competitor was the beneficiary of the calculated violence and voter bribery that were allegedly masterminded and executed by ODM’s men in black.

“The petitioners aver that where he got the majority of votes his results were swapped with impunity by the fraudulent presiding officers and/or deputy presiding officers,” he said.

“Some of the swappings were done with impunity and are discernible from the face of the different Forms 37A,” the petition reads.

Kidero cited Ringa Primary School and Ongeti Primary School polling stations.

Kidero claimed that ODM through its agents engaged in massive bribery and vote buying.

“The 3rd respondent and her agents, especially Mr George Wanga who is the 3rd respondent’s husband moved around the county in motor vehicles with goons unleashing violence on the petitioner’s supporters and out- rightly giving out bribes to induce voters,” the petition reads.

He said voter bribery was experienced at Kisui Primary School, Nyakango Primary School, Bolo polling station, Ragogo Primary School, Kogonda, Osuri Primary School, Omiro Polytechnic, Umai Primary School and Kojwach Primary School.

 Kidero added that results declaration forms were altered in various stations

“The Petitioners aver that at Ringa Primary School Polling Station No.2 all agents were asked to sign a blank form 37A before the recording of respective valid votes cast in favour of each of the competing candidates as declared by the Presiding Officer,” he said.

“The petitioners aver that all the voters who were being assisted by the presiding officers were assisted on condition that they had to vote for the 3rd respondent."

Kidero said that most of his duly appointed agents were unlawfully ejected from their polling stations and tallying centres by the presiding officers and Wanga’s agents.

He said this happened in at least 10 polling stations and tallying centres in Karachuonyo, Suba South and Rangwe constituencies specifically Oyombe Primary School and Nyakango Primary School.

He also cited Alara Korayo Primary School, Sindo Youth Polytechnic and Ligisa Primary School.

The petitioner also said that there was wanton violence in various areas that suppressed voter turnout.

“The petitioners aver that fear and despondency gripped the entire Kologi Kanyamwa ward and as a result voters, especially supporters of the petitioners, fearing for their lives did not turn out to vote as expected." the petition reads.

“The premeditated unlawful and criminal subversion of the integrated constitutionality of the electoral process in order to assist and secure a fraudulent result."

(Edited by Tabnacha O)