Court holds pre-trial conference in a County Assembly petition

A Narok Court on Tuesday held pre-trial conference in a County Assembly petition in which a former Jubilee County Assembly Leader of Majority Wilson Masikonde has accused his successor of using witchcraft to win against him in the August 8 polls.

The pre-trial conference was attended by all parties, and was intended to come up with clear issues that will form the core of the petition during the hearing.

During the pre-trail which took place before the Deputy Registrar of the High Court Mr. Tito Gesora, the parties agreed that the issue of bribery, marking of ballot papers, witchcraft, agents being denied access to the polling stations among others will take the centre stage during the hearing, with both sides bribing witnesses to support their case.

The petition will now be heard interparty on November 6 and 7.

In his petition Mr. Masikonde claims Mr. Kikaet Kuyo, who won the Olpusimoru ward seat on ODM ticket, used witcraft to influence the voters. He wants the election results nullified on this and several other grounds.

To prove the witchcraft allegations, Masikonde cites the last day of campaigns on August 4 where he says his rival (Kuyo) sought services of four wizards who slaughtered a Columbus monkey and spread its intestinal remains in four key polling stations which include Olposimoru, Olemeisi, Shabaltarakwa and Kamurar.

They then tied the skin of the Columbus monkey on his (Kuyo’s) waist like a belt. The effect was to confuse the voters, where he then started greeting and hugging voters animatedly. Mysteriously all the voters who got in contact with him voted in his favour,the petition read in part.

The Jubilee politician who has served for over 20 years as area councillor before being elected as a Member of the County Assembly ( MCA) said as a result of the ‘juju’, his phonebook mysteriously became empty making it difficult for him to contact his agents.

I woke up in the morning of August 4 only to realise that my phone contact list was blank! .As a result I was unable to respond to urgent issues or get in touch with my supporters, he said in his affidavit.

Masikonte claims the ‘spell’ also befell on his supporters where he said a truck ferrying his supporters mysteriously overturned leading to seven of them being injured and hospitalised at Olenguruone Sub-County hospital in neighbouring Nakuru County.

He has named Independent and Electoral Boundaries Commission (IEBC) Narok North Constituency Returning Officer Mark Lempaka as second respondent in the case.

Masikonde avers that the election was so badly conducted and mismanaged that it violated the Articles of Election Regulations of 2011 and the election official failed to be impartial and neutral, hence the elections were marred with irregularities and were not free and fair.

He also avers that his agents were denied access to some of the polling stations and were not given copies of forms 32A, which are used to tally the County Assembly results to his agents as required by the law, adding that this meant that the results could not be verified.

This happens as a Narok High Court last week allowed a Narok voter to withdraw a petition he had filed in court to challenge the election of Samuel Tunai as Narok Governor.

Five petitions were filed in Narok High Court to challenge some of the winners in the August 8 Elections. Three others have been filed in lower courts to challenge some the County Assembly members (MCAs).

A parliamentary loser Julius Lekakeny Sunkuli moved to Narok high Court to Challenge the election of Gideon Sitelu Ole Konchellah as Kilgoris Member of Parliament (MP). This petition will now be heard before Bomet Resident Judge Martin Muya.

Another parliamentary loser; David Kipsang Keter also moved to Narok high Court to Challenge the election of Johanna Kipyegon Ngeno as Emurua Dikirr Member of Parliament (MP).This petition is before Narok Resident Judge Justice Justus Bwonwonga.

In Narok West, another parliamentary loser Stanley Taparia Mpoe, who also moved to Narok high Court to Challenge the election of Gabriel Tongoyo Koshal as Narok West Member of Parliament (MP) withdrew his petition before Resident Judge Justice Bwonwonga on Tuesday.

Further, two losers for the senate seat Nkoidila Ole Langas who is now the Narok County Assembly Speaker, and Albert Kiplangat, also moved to Narok high Court to Challenge the election of Ledama Ole Kina as Narok senator. This petition will be heard by Naivasha Resident Judge Christine Meoli.

Source: Kenya News Agency