Court Rules Kisii Deputy Mayor Won Election Fairly

Nairobi Star (Nairobi)

Amos Nyambane

17 June 2011

Kisii deputy mayor Patrick Siro yesterday won an election petition filed by Charles Ombuna. Ombuna lost to Siro in the last elections. Delivering her ruling Resident Magistrate Njeri Thuku said Siro, who is the Nyaura councillor, won the election. “It is my view that the respondent won the seat despite minor electoral errors which never affected the outcome,” Thuku said.

Thuku said there is no polling station called Menyinkwa Primary school in the ward as earlier alleged by Ombuna, who claimed his supporters were confused as to where to cast their vote.

The magistrate said Siro who was represented by Onchari Otiso emerged the winner after garnering 577 votes against Ombuna’s 425 and was announced the winner with a margin of 152 votes as Ombuna trailed.

She said that Ombuna didi not infer, imply, demonstrate or prove that the first responded engaged in any shady or underhand dealings that contributed to him winning fairly the election.

Dismissing Ombuna’s amended statement of fact in the petition, Thuku awarded costs to the advocates for Siro, the Interim Independent Electoral Commission ( IIEC) and Returning Officer, Thomas Okanga.

The Magistrate noted that Nyaura Ward had two polling centres, Nyaura primary school and Kiamabundu within the council, adding that there was Menyinkwa Tea Buying Centre polling station under Boronyi Ward in Gusii county council. “There was no polling station called Menyinkwa primary school. The respondent said the station does not exist” she said. Onchari said that justice had been done and told the voters to support the sitting councilor complete projects in the ward to benefit them.

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