Mary Wambui's win challenged in court
10 April 2013, 14:58
The election of Mary Wambui Munene as Othaya MP has been challenged in court.
Peter Gichuki King’ara who was second in the elections has filed a petition at Nyeri High Court claiming the exercise was marred with irregularities and anomalies during the voting and tallying exercise.
King’ara who was vying on a GNU party ticket garnered 14 218 votes while Wambui had 16 285 votes.
President Mwai Kibaki’s preferred candidate Gichuki Mugambi (Saba Saba Asili) came third with 10 972 votes.
King’ara filed the civil suit naming the IEBC as the first respondent while the then Othaya Returning Officer James Mbai has been named as the second respond and Wambui the third respondent.
“There was rampant voter bribery, irregular appointment of polling clerks, failure to submit results in electronic form, irregularities and inconsistencies in the counting, tallying of votes and filling in of forms 35 and 36,” he noted.
King’ara also challenged the declaration of Wambui as the winner claiming that the electoral commission allowed an illegible person to contest.
“The presiding officers allowed my rival’s agents at the polling stations. The agents waylaid voters and bribed them as they entered the polling centers. The flawed counting of the ballots coupled with intimidation of agents throughout Othaya constituency,” he added.
In a 50 - page petition, King’ara alleged that the Independent Electoral and Boundaries Commission did not allow his agents to sign forms 35 in 36 polling stations without giving valid reason for the refusal.
“Many of the ballot boxes delivered at the constituency tallying center on March 5 bore seals which were tampered with,” he argued.
He also claims that the presiding officers failed to display the results of the vote count in prominent and public places.
King’ara added that the presiding officers failed to place a record of results in respective ballot boxes when the respective ballot boxes arrived at the constituency tallying center in Othaya CDF hall claiming that the respective results of each ballot box were missing.
There were nine candidates vying for the parliamentary seat.
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