Oyugis Magistrate Court in Homa Bay County has nullified the victory of Member of the County Assembly (MCA) for West Kasipul, Vickins Bondo.
The Independent Electoral and Boundaries Commission (IEBC) has now been ordered to conduct fresh elections in accordance with the law.
The election petition was filed by an ODM candidate Peter Okeyo Ongili on August 30, 2022 challenging the victory of Bondo, who was an Independent candidate.
Ongili cited cases of irregularities on elections date.
After the polls, IEBC declared Bondo the winner after garnering 4041 votes against ODM’s Ongili, who had 3975 votes.
The Presiding senior Principal magistrate Benard Omwansa in his judgment said the court was unable to tell whether the 2nd respondent (Bondo) was duly elected as the MCA, adding that the court was unable to verify and affirm that the election was administered in an impartial, neutral, efficient, accurate and accountable manner.
The court says that the 78 ballot papers are not accounted for, however, the counterfoil indicates that they were used during elections.
He says that the discrepancies, though appearing to be small, could have cumulatively cause a huge impact on the closely contested elections.
The magistrate says the 1ST respondent (IEBC) was unable to make good of the small discrepancies when the evidential burden shifted.
He issued an order squashing the declaration of Bondo as MCA and nullifying his certificate.
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