A petition has been filed before Siaya Chief Magistrate Lester Simiyu challenging the victory of Gem South MCA-elect Brian Anyango, a day before he is sworn in on February 8.
The petition was filed by ODM candidate in the December 8 by election, Polycarp Wanga, and a Pre-Trial conference for the petition has been scheduled for February 9.
The by-election, which saw Mr Anyango narrowly edge out Mr Wanga, was marred with violence that left eight people hospitalized at Bondo Sub-County Referral Hospital in Siaya County.
In the petition, Mr Anyango is listed as the first respondent, Independent Electoral and Boundaries Commission (IEBC) and the Gem Constituency returning officer Ezekiel Juma as the second and third respondents, respectively.
Speaking earlier after filing the petition, Mr Wanga said he had sufficient evidence that would aid in the case.
“We have done our part; we have collected and submitted all the pieces of evidence that will aid in this petition. There was lots of apathy and the process was marred with violence,” said Mr Wanga.
He added, “We now leave the matter to the court to be the final judge. I call upon the South Gem electorate to continue with the patience they have exhibited since the by-election till the matter is concluded. It is in the public domain that the process was marred with lots of irregularities.”
Among the prayers he presented before the court, Mr Wanga claims that the process was skewed and done contrary to constitutional guidelines.
“The South Gem Ward Member of the County Assembly election held on December 8th, 2022 was not conducted in accordance with the constitution and the applicable law thereby rendering the declared results invalid, null and void,” reads an affidavit submitted before Siaya Law Courts.
The by-election attracted nine contestants. However, the race narrowed down to the two, Mr Wanga who was flying the ODM flag and Mr Anyango who contested as an independent candidate.
Mr Anyango garnered 3, 469 votes to beat his closest contestant, Mr Wanga’s 3, 353 votes.
The Raila Odinga led-Orange party had anticipated to get the South Gem seat to add to the current 26 MCAs that it already has in the Siaya County Assembly.
The election in South Gem was postponed after the death of the ODM candidate for the race in the August General Election, Nick Wanga.
Siaya Governor James Orengo and his Deputy Mr William Oduol had camped in the region drumming support for the Orange party candidate.
The Orange party had a tough time campaigning after the perceived strong candidates ganged up against the party.
The incumbent David Audi shelved his ambitions to support Mr Anyango after his party, UDM shifted allegiance to Kenya Kwanza coalition immediately after Dr William Ruto was declared the president-elect, slimming his chances of retaining his seat in an area believed to be supporting Mr Odinga.
Also in the camp was the first runners up in the April 13, 2022 ODM party nominations Mr Geoffrey Goganyo who ditched Orange party to support Mr Anyango.
