Ousted Siaya Governor Rasanga appeals ruling

 

Former Siaya County Governor Cornel Rasanga. He has appealed against a High Court ruling that nullified his election. PHOTO/JEFF ANGOTE  

In Summary

• Mr Rasanga wants the Appellate Court to set aside the judgment delivered in a petition filed by his rival William Oduol
• Justice Muchelule observed that various ODM politicians had committed election offences against Mr Oduol

By ELVIS ONDIEKI

Ousted Siaya governor Cornel Rasanga has appealed against a High Court ruling that nullified his election.

Mr Rasanga wants the Appellate Court to set aside the judgment delivered by Mr Justice Aggrey Muchelule in a petition filed by his rival William Oduol.

In the appeal, he argues that the Judge erred in law and in fact in finding he was not validly elected as Governor for Siaya County during the General Election held on March 4.

He also wants the court to review an order on costs made by Justice Muchelule.

The judge ordered him and the Independent Electoral and Boundaries Commission (IEBC) to cater equally for the costs of the suit, which he capped at Sh3 million.

In the course of the petition, the Judge ordered a recount in three of Siaya’s six constituencies. The recount revealed massive discrepancies. Afterwards, Mr Rasanga’s side applied for scrutiny to be ordered but their request was turned down.

Due to that, Mr Rasanga wants the Court of Appeal to relook at the application.

“The Learned Judge relied on recount results for Rarieda and Gem Constituencies to find that the credibility of the results in Siaya County Gubernatorial election was severely and materially tainted by the recount whose results clearly indicated that there was post-poll tampering,” Mr Rasanga’s memorandum of appeal reads in part.

While delivering his judgment, Justice Muchelule observed that various Orange Democratic Movement (ODM) politicians had committed election offences against Mr Oduol especially during the campaign period.

RECOUNT

Mr Rasanga has challenged that. He argues that the politicians were not party to the suit and as such, the judge’s decision condemned them unheard. According to the provisions of the law, Mr Rasanga argues, any person who is not a party to an election petition and who has been reported to have committed an offence shall be given an opportunity to be hears on the allegations.

The integrity of ballot boxes availed for the recount was also questioned especially after the recount results had been released.

In his judgment, Justice Muchelule said it was the duty of IEBC to safeguard the boxes.

Mr Rasanga’s contention is that the responsibility applies if the boxes have not been handed to the court. He argues that on receiving the boxes, the court ought to record the status of the boxes, which he says did not happen.

The appeal, which was filed by Mr Rasanga’s lawyer Benson Ochieng , comes even as the October 17 date set by the IEBC for a by-election nears.

Mr Rasanga has already been cleared to vie again for the seat.