Court Dismisses Election Petition Challenging Kisii National Member Of Parliament Dorice Donya Aburi

By Elizabeth Angira

Worth Noting:

• Justice Mutuku on the analysis of issues raised in the petition such as noncompliance and irregularities said the petitioner did not provide evidence to this court on evidence of irregularities and noncompliance.
• The petitioners also claimed there was coordination of violence from Chiefs and the police in some polling stations in favour to Dorice Donya,in cross examination he did not give evidence on the number or the names of the chiefs who were involved in this coordinated violence.
• An agent representing an independent candidate Everlyne Ogendo in his affidavit said an elderly woman was assisted to vote for Dorice Donya despite her requesting to vote for Ogendo.

Kisii High Court has dismissed an election petition challenging the win of Kisii National Member of Parliament Dorice Donya Aburi in the August general elections.

The two petitioners Job Nyabuto and Ezekiel Okenye claimed there were voter bribery allegations in some polling stations during the voting process in favour of Dorice, however they told the court they had no prove since they were told by their fellow agents.

Among those allegations, the petitioners did not prove to this court for instance the petitioner did not give evidence on the multpractices claim.

The agent to Janet Ong’era in his affidavits did not give evidence to this court of being denied entry to the polling.

“The agent in his affidavit did not  give evidence to this court to prove that the IEBC officials locked him out despite him claiming having proper documents to allow him access the polling station,”Said Justice  Stella Mutuku.

While delivering a judgement, Justice Mutuku said the petition did not meet the threshold of standard of prove to challenge the win of Donya Aburi.

Justice Mutuku on the analysis of issues raised in the petition such as noncompliance and irregularities said the petitioner did not provide evidence to this court on evidence of irregularities and noncompliance.

The petitioners also claimed there was coordination of violence from Chiefs and the police in some polling stations in favour to Dorice Donya,in cross examination he did not give evidence on the number or the names of the chiefs who were involved in this coordinated violence.

An agent representing an independent candidate Everlyne Ogendo in his affidavit said an elderly woman was assisted to vote for Dorice Donya despite her requesting to vote for Ogendo.

Another agent for Ong’era claimed other agents were given bread and milk and he was left hungry as the Toyota probox which dropped lunch drove away and he felt something was not right

IEBC in their response said they conducted a free fair and credible election in line to the Elections Act.

IEBC conducted a training to all agents and how to register claims with IEBC on any irregularities and no claim was registered with them.

“The two petitioners failed to prove to this court on their petition which did not meet the threshold of standard of prove,”Said Mutuku.

The petitioners were ordered to incur costs by paying Ksh.3 million shillings to three respondends wherein Ksh. 1.5 will be paid to Dorice Donya and another Ksh 1.5Million to be shared by IEBC and the returning Officer.

IEBC declared Donya as the Kisii National Member of Parliament and garnered 190,277 against her competitor Janet Ongera 69,995 votes and twelve other candidates who vied for the position.

Teresa Oroo of UDA came third with 40,972 votes followed closely by Racheal Otundo (PPOK) and Everlyn Ogendo (Independent) who polled 31575 and 12,225 votes respectively.

Peris Onsarigo (Jubilee) was sixth with 10,034 votes followed by Lucy Getoi (DP) with 9,221 votes, while Maureen Obino (Independent) with 6,748 votes.

Dorothy Kwamboka (Ford Kenya) garnered 6,736 votes, Jackline Karani (DAP-K) polled 5,757 votes, Julie Nyanchama (KNC) got 4,822 votes, and Getrude Mogoi (UPA) garnered 3,295 votes.

Vicky Onderi (TND) managed 2,858 votes and Roseline Ngare of ANC was last with 2,493 votes

Separately, Donya thanked the court for its decision and called upon all her opponents to work together and develop the county.

She said that she is going to fulfill all the promises she made during the campaign.

Donya said that she will ensure National Government Affirmative action fund has been dispersed fairly.

Donya left her journalism job in 2017 to vie for the woman representative race on a Jubilee ticket but lost to Ms. Ongera, a popular figure in local and national politics.

One year later, she was appointed as a board member of the South Nyanza Sugar Company Limited for a period of three years.