Lamu governor loses his seat as poll is nullified

 

Lamu County Governor Mr Issa Timammy (centre) leaves Malindi High Court accompanied by his supporters after the high court nullified his election on September 26, 2013. PHOTO/LABAN WALLONGA.   NATION

In Summary

• His election was declared null and void after the Constitution and electoral laws were breached in the March 4 poll.
• Two petitions had been filed against Mr Timamy by former Lamu East MP Fahim Twaha and Mr Swaleh Imu.
• It was also discovered that some votes were missing from the ballot box.
• "I therefore declare that the Lamu governor was not duly elected in a free and fair manner and nullify the election.” - Lady Justice Florence Muchemi,

By EUNICE MACHUHI

Lamu Governor Issa Timamy lost his seat Thursday.

His election was declared null and void after the Constitution and electoral laws were breached in the March 4 poll.

Mr Timamy becomes the second governor to lose his seat after Siaya’s Cornel Rasanga.

Lady Justice Florence Muchemi, sitting in Malindi, said there were massive irregularities in the election and directed that a fresh poll be held.

Two petitions had been filed against Mr Timamy by former Lamu East MP Fahim Twaha and Mr Swaleh Imu.

However, the petition by Mr Imu was dismissed since his allegations were insufficient to invalidate the outcome.

Mr Imu, who was also a contestant in the gubernatorial race, claimed that the picture published by the electoral commission in the ballot papers was blurred, making it difficult for voters to identify him.
He also claimed that the electoral commission omitted one of his names, ‘Imu’, which was allegedly popular among his supporters.

But the judge dismissed the claims, saying while printing the ballot papers, the electoral commission used the names in his identity card, which did not have his popular name Imu.

The petition by Mr Twaha, however, succeeded after he proved that the election was marred by chaos and rigging.

Missing counterfoils

There were missing counterfoils, his agents were locked out of polling centres and the relocation of a polling station disenfranchised voters.

He also said that the electoral commission did not announce the number of votes garnered by the winner.

Mr Timamy had won by 1,771 votes but a scrutiny ordered by the court reduced the margin to 405 in favour of the petitioner.

It was also discovered that some votes were missing from the ballot box.

In addition, Mr Twaha said that the deputy returning officer was found in a cyber café in Lamu altering Form 35 in favour of Mr Timamy.

The officer was later convicted and jailed for three years.

Judge Muchemi noted: “The court has thoroughly scrutinised the evidence and is convinced that the elections were flawed.

I, therefore, declare that the Lamu governor was not duly elected in a free and fair manner and nullify the election.”