Petition challenging Amason Kingi's win filed
21 March 2013, 17:42
Election petition challenging the victory of Kilifi county governor elect Amason Jefa Kingi by one of the losers in the just concluded gubernatorial race has been filed in Malindi High Court.
Professor Leno Mwambura Mbaga who was contesting for Kilifi county governor seat as an independent candidate through his lawyer Michira Messah filed the election petition against IEBC who is the respondent and Kingi as an interested party.
The petitioner argues that his fundamental constitutional rights under article 27 and 38 were infringed.
The petition further pointed out that the petitioners' rights under article 86 were infringed due to complexity of the voting exercise which he claims was not simple, accurate, verifiable, secure, accountable and transparent.
"Voters were not given reasonable opportunity to vote due to the rampant security threats by the outlawed secessionist group MRC which caused violence before the voting began on 4/3/2013 in some parts of Kilifi county. Some polling stations were opened late and closed as early as 3:00 pm thus voters supporting me were denied chance to vote," the petition reads.
Professor Mbaga referred to Mtwapa chief office polling station where the total votes cast exceeded the number of registered voters.
Registered voters were 10 119 while votes cast were 10 494 according to the petitioner.
He also claimed there were wide spread issues of bribery and undue influence of his supporters to vote in favor of the ODM candidate as well as his agents being denied chance to observe and perform their duties in some poling stations.
Moreover, he said there was rigging explaining that more than 100 per cent voter turn out in some polling stations were occasioned by secret rigging or marked ballot papers in ballot boxes.
The petitioner prays that the Court resolves that Kingi was not duly elected and therefore call for fresh election in Kilifi county.
The petition is pending awaiting governors elect across the country to be gazetted before the hearing kicks off.
Several other Kilifi county gubernatorial election losers are yet to file their petition in the high court as they claim the election was not free and fair.
These include Anthony Kingi, Francis Baya and Geoffrey Katsoleh among others.
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