The court has nullified the victory of Member of the County Assembly (MCA) for West Kasipul, Vickins Bondo.
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, citing irregularities during Election Day.
Bondo was declared the winner in the election after garnering 4041 votes against ODM’s Ongili, who had 3975 votes.
In the ruling, presiding senior Principal magistrate Benard Omwansa Oyugis Magistrate Court in Homa Bay County 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.
He added that the 78 ballot papers are not accounted for; however, the counterfoil indicates that they were used during elections.
The court identified the discrepancies, though appearing to be minor, could have cumulatively caused a huge impact on the closely contested elections.
Omwana said Independent Electoral and Boundaries Commission (IEBC) could not make good of the small discrepancies when the evidential burden shifted.
IEBC was ordered to conduct fresh elections in accordance with the law.