Seliphar Musungu, Kakamega
Fresh elections have been ordered to be conducted in Lugari Ward by a Kakamega Court.
Kakamega Principal Magistrate Dolphina Alego ordered the Independent Electoral and Boundaries Commission (IEBC) to plan for fresh polls in Lugari ward following a successful petition by William Libombolo.
He challenged the election of Amotete Grey on grounds that his election was not free and fair.
“After considering the petition I make a declaration that the election of Lugari ward in Kakamega County was not conducted in a free and fair manner in light of the principles set in article 81 of the constitution,” she said.
“Amotete Grey was not duly elected as a member of the county assembly for Lugari ward in general election held on August 9, 2022 in accordance with the principles set out in Article 8(e) of the constitution,” She added
Libombolo sued the IEBC, its returning officer of Lugari and Grey who had been declared winner in the ward polls saying they were involved in irregularities that affected the polls outcome.
“My 30 agents in the polling clerks were denied entry into polling stations for a better part of the day at Mahemas , Lumama and Mufutu Primary Schools.My supporters and staff by the name Denis Makhalanya and Jose Mugondi were assaulted on polling day at 10 am whereby I made a report to the police.” He said
He said that during the tallying at Stream 3 at Sirende Primary School all his agents were ejected by the Presiding Officer at 8.30 p.m for the election officials to take a break and eat.
“That break which was supposed to be for five minutes took 15 minutes and when tallying resumed lights went off for about 30 minutes and when tallying resumed my opponent Mr Grey had garnered some additional 181 votes in two of the three polling stations,” he said through his lawyer Brian Malenya.
He also said that a presiding officer at Lugari Primary School was arrested and has been arraigned for an election offence of making false entries on Form 36 A in the polls.