The election of Homa Bay Governor Gladys Wanga in the general election of August 9 was challenged in a petition, which the High Court dismissed and fined the petitioner, Dr. Evans Kidero, Ksh 3.5 million.
Former Nairobi County Governor Kidero challenged Governor Wanga’s victory, citing anomalies in the electoral process.
Kidero named as first, second, third, fourth, and fifth respondents in the petition the Independent Electoral and Boundaries Commission (IEBC), Homa Bay County Returning Officer Frederick Apopa, Wanga, Deputy Governor Oyugi Magwanga, and ODM party.
In the contest for governor, Wanga received 244,559 votes, while Kidero received 154,182.
The presiding Judge Justice Rosyline Aburili said during the online court judgment delivery that Kidero had failed to substantiate the claims and was unable to persuade the jury with sufficient proof.
The judge gave the example of Rapedhi Polling Station in Kanyadoto Ward of Ndhiwa Constituency where it was discovered that 14 ballot papers were not stamped and acknowledged that there were some minor irregularities but that they were not significant enough for the court to declare the election results invalid.
She ruled that Kidero’s appeal was rejected owing to a lack of evidence and stated that Wanga was duly elected as the governor of Homa Bay.
The judgment ruled that the petitioner must pay Ksh.2.5 million to Wanga, her deputy Oyugi Magwanga, and ODM (the third, fourth, and fifth respondents), as well as Ksh.1 million to the IEBC (the first respondent).
The judge also appealed to Governor Wanga and Kidero to extend an olive branch to each other for the purpose of peacebuilding in the county.