Governor Gladys Wanga wants the court hearing the petition against her election to strike out sections that claim Azimio la Umoja One Kenya leader Raila Odinga influenced the outcome of the election.
The governor argues that such sections only serve to prolong court sittings yet the matter should be concluded by March next year. The hearing starts on November 24.
Former Nairobi Governor Evans Kidero, who is challenging Ms Wanga’s win, claims in his petition that Mr Odinga influenced the way votes were cast in the county. He claims voters were “forced” to elect certain candidates.
In the preliminary hearing on Friday before High Court Judge Roseline Aburili, lawyers representing Ms Wanga and Dr Kidero argued on whether the petition should be amended.
Lawyers Charles Kanjama, Andrew Muma and Frederick Orego representing Ms Wanga sought to have sections that contain the name of the ODM leader left out. But Julie Soweto, Kevin Oriri and Okweh Achiando representing Dr Kidero want the petition to remain as is.
‘A direct ticket’
“The question here is whether Mr Odinga’s name was used to influence voting. Yes, it’s true the minds of voters were ‘intoxicated’ using the name,” Ms Soweto said.
Dr Kidero has received the backing of Mr Okinyi Rao, a senior citizen and former councillor, who has sworn an affidavit stating how Mr Odinga has influenced the outcome of every poll at the grassroots level in Luo Nyanza.
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In the petition, Dr Kidero said he had been a life member of ODM and had planned to use the party to contest the Homa Bay gubernatorial seat. “I was confident that had there been a free and fair nomination process, I would have trounced my opponents and clinched the ODM party ticket,” the former governor says.
“Unfortunately, the party decided unilaterally and conspiratorially to issue a direct ticket to Ms Wanga much to the disappointment and frustration of my supporters, who would have loved the opportunity to show their support for me in a competitive voting exercise,” reads the petition.
Dr Kidero claims ODM thereafter swore to, by any means necessary, ensure that Ms Wanga wins the election. He says Ms Wanga sought the support of Mr Odinga who made a rallying call that voters in the county should only consider electing ODM candidates.
He has cited a meeting at Nyasore Primary School in Kabondo-Kasipul Constituency on April 18 where Mr Odinga made calls to voters to vote “six-piece”.
“Such loaded statements coming from a leader who commands almost a cult-following in the former ‘Nyanza Province’ had the potential to sway voters in an extremely major way,” reads the petition.
Appear and testify
But Ms Wanga’s lawyers say she couldn’t avoid bringing Mr Odinga into her campaign as he is her party leader. They argue that mentioning his name in the petition means the court will have to compel the former Prime Minister to appear and testify, which could take long to actualise.
Both teams also differed on whether there should be scrutiny of election materials as requested by Dr Kidero.
Mr Kanjama argued that the process will consume valuable time. “It also requires resources and the process is tedious.”
In defence of the request, Ms Soweto said the scrutiny will be the only way to establish whether the allegations made by Dr Kidero are true or not.
“It’s through the process that we will know the authenticity of the documents. Plus the process will tell the court whether the ballot boxes are intact or someone has interfered with them,” Ms Soweto said.
The court will give directions on the submissions on November 18. BY DAILY NATION