Election favoured Magara, petitioner tells court
The Standard
Wednesday, 14th October 2009
by Robert Nyasato and Wahome Thuku
A person who seconded Trade Assistant Minister Omingo Magara for the 2007 ODM nominations for the South Mugirango seat was recruited as a presiding officer.
Mr Mason Nyamweya, who is challenging Magara’s election, told Kisii High Court, this contravenes Regulation 10 of the National Assembly Elections Act.
On Wednesday, the petitioner told Justice Daniel Musinga the disbanded ECK hired Ms Teresia Kiage, who seconded Mr Magara, as a presiding officer, and posted her to Gekong’o Primary School polling station.
"The recruitment of election officials favoured Mr Magara and was part of a wider scheme to rig the polls in his favour," he said through his lawyer Ombati Omwanza.
He said on learning most election officials were Magara supporters, he lodged a complaint with the then Gucha District Elections Co-ordinator Astariko Atika. But Mr Atika dismissed his claims.
Mr Nyamweya also claimed Returning Officer Joseph Sang’anyi was not qualified to take up the job since he was aged above 60.
The same case applied to Assistant Returning Officer Susan Obachi, who the petitioner said was hired on the influence of the MP.
The election, he said, was also marred by bribery and intimidation of voters by Magara’s supporters.
He further claimed Magara’s wife Agnes took charge of vote counting at Nduru Secondary School tallying center, after rowdy supporters of the MP disrupted the process.
Clerks ran away
By this time, the tallying clerks had fled after youths flocked the hall chanting pro-Magara slogans.
Justice Musinga will today rule as to whether a video clip taken by a journalist during the chaotic tallying will be allowed as evidence in court as demanded by Oyongo as hearing continues.
Meanwhile, the High Court has again rejected Makadara MP Dick Wathika’s application to dismiss an election petition filed against him by former MP Reuben Ndolo.
Lady Justice Kalpana Rawal dismissed the application on Wednesday, after taking over the case last month.
Lady Justice Roselyn Wendoh, who has since disqualified herself, had rejected a similar application.
But Wathika renewed it in November, following a ruling of the Court of Appeal in another election petition.
Mr Wathika, also the Public Works Assistant Minister, had argued Mr Ndolo failed to provide results of the 2007 election, making the petition incurably defective.
http://www.standardmedia.co.ke/news/InsidePage.php?id=1144026439&cid=159&
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Wednesday, October 14, 2009
Monday, January 26, 2009
Raila praises youth for their role in violence
Daily Nation
Jan 26, 2009
Prime Minister Raila Odinga on Sunday said the Interim Electoral Commission will start its work in two months. Mr Odinga said the new commission would register voters afresh and issue new cards.
Related Stories
Raila Odinga threatens the press
He said Parliament was moving with speed to ensure that the team was in place to restore voter confidence. He revisited the conduct of the disbanded Electoral Commission of Kenya and its chairman Mr Samuel Kivuitu, saying they mismanaged the 2007 elections.
Mr Odinga said there were 1.2 million dead voters in the register and were allowed to “vote”.
“Some people who had died resurrected on the voting day and went to the polls then returned to their graves after voting,” said Mr Odinga.
He asked the crowds to join him in condemning Mr Kivuitu and support his call for the former commissioners not to get a send-off package.
However, the Nation learnt that a budget to be approved by the Cabinet had been prepared to offer the ex-commissioners a hefty send-off package.
The PM praised the Kibera youth for coming to his rescue during the post- election violence when they made the country ungovernable, thereby forcing negotiations for the current Coalition Government.
“When you uprooted the railway line, it sent a strong message that things were getting out of hand and even Ugandan President Yoweri Museveni asked for my help to restore order,” he added.
He was speaking at a rally in Kibera after touring the area. Mr Odinga told the people that he accepted to negotiate and have the victory shared because of the lives that were being lost in the process.
The PM turned the heat on the media, which he accused of trying to implicate him in corruption.
“My record is clean and I am as white as snow. I will not accept to work with corrupt people or condone a government that is infested by corruption,” Mr Odinga said.
The residents interrupted Mr Odinga’s speech when he touched on the slum upgrading programme as they disagreed with him on the mortgage programme.
http://www.nation.co.ke/News/politics/-/1064/519712/-/yhdir3z/-/index.html
Jan 26, 2009
Prime Minister Raila Odinga on Sunday said the Interim Electoral Commission will start its work in two months. Mr Odinga said the new commission would register voters afresh and issue new cards.
Related Stories
Raila Odinga threatens the press
He said Parliament was moving with speed to ensure that the team was in place to restore voter confidence. He revisited the conduct of the disbanded Electoral Commission of Kenya and its chairman Mr Samuel Kivuitu, saying they mismanaged the 2007 elections.
Mr Odinga said there were 1.2 million dead voters in the register and were allowed to “vote”.
“Some people who had died resurrected on the voting day and went to the polls then returned to their graves after voting,” said Mr Odinga.
He asked the crowds to join him in condemning Mr Kivuitu and support his call for the former commissioners not to get a send-off package.
However, the Nation learnt that a budget to be approved by the Cabinet had been prepared to offer the ex-commissioners a hefty send-off package.
The PM praised the Kibera youth for coming to his rescue during the post- election violence when they made the country ungovernable, thereby forcing negotiations for the current Coalition Government.
“When you uprooted the railway line, it sent a strong message that things were getting out of hand and even Ugandan President Yoweri Museveni asked for my help to restore order,” he added.
He was speaking at a rally in Kibera after touring the area. Mr Odinga told the people that he accepted to negotiate and have the victory shared because of the lives that were being lost in the process.
The PM turned the heat on the media, which he accused of trying to implicate him in corruption.
“My record is clean and I am as white as snow. I will not accept to work with corrupt people or condone a government that is infested by corruption,” Mr Odinga said.
The residents interrupted Mr Odinga’s speech when he touched on the slum upgrading programme as they disagreed with him on the mortgage programme.
http://www.nation.co.ke/News/politics/-/1064/519712/-/yhdir3z/-/index.html
Wednesday, January 7, 2009
Charge Kibor Or Release Him, Raila Tells Police
Kennedy Masibo And Wanjiru Macharia
26 February 2008
Mr Odinga accused the police of persecuting Mr Kibor and said if they were serious they would prefer charges against him or release him.
"They have been holding him since last Wednesday and have not preferred any charges against him," Mr Odinga said outside the Rift Valley Provincial Criminal Investigations Department offices in Nakuru Town.
He was accompanied by several Members of Parliament, including the party's interim chairman, Mr Henry Kosgey.
The ODM leader had arrived in Nakuru early in the morning and sought audience with Provincial Police Officer Joseph Ashamalla.
Later, he also talked to Provincial Criminal Investigations Officer Mohammed Amin.
While speaking to Mr Amin, Mr Odinga's team asked to see Mr Kibor but had to wait for more than two hours before he arrived under the escort of CID officers.
It is said the politician was being held at Menengai Police station, over 20 kilometres from Nakuru Town.
Mr Odinga said the police had no excuse for failing to act on the matter.
"The police are overzealous in some cases but selectively apply the law in other cases," Mr Odinga said.
He said the ODM team was not there to prove Mr Kibor's innocence but challenged the police to prove their case.
Camping in Nakuru
Sources say the 73-year-old politician may face either murder or incitement charges.
Mr Kosgey wondered why the police should have investigated the case before arresting the suspect.
"Days of detention without trial are long gone. We are camping in Nakuru until the matter is resolved," Mr Kosgey said.
One of Mr Kibor's four lawyers, Mr Gordon Ogolla, claimed the police were confused as to whether to charge or release his client because they did not have any evidence against him.
Related:
Kibor: We will devide Kenya
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