Court holds pre-trial conference in a County Assembly petition

A Narok Court Wednesday held a 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 beat him in the August 8 polls.

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

During the pre-trail which took place before the Deputy Registrar of the High Court Mr. Tito Gesora, the petitioner, through his lawyer Karanja Mbugua, asked the court to compel the area returning officer to supply him with forms 32As which were used to tally the County Assembly votes.

He says he intends to use the forms to show irregularities in the results tallying adding that his agents were not given copies of the forms while some were denied access to the polling stations.

But in a sharp rejoinder, the respondents, through their counsels have opposed this application saying the forms were issued to the petitioners agents and asked the court to restrict itself to only the stations where he (petitioner) claims to have issues in giving the orders.

To prove the witchcraft allegations, Masikonte cites the last day of campaigns on August 4 where his rival (Kuyo)sought services of four wizards who slaughtered a Columbus monkey and spread its intestinal remains in four key polling stations which included 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 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 realize 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 for the petition which will now be heard interparty on October 17.

Masikonte claims the ‘spell’ also affected his supporters when a truck ferrying them mysteriously overturned and seven people were injured and hospitalized at Olenguruone Sub-County hospital in Nakuru County.

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

Masikonte avers that the election was mismanaged which violated the Election Regulations of 2011. He said the election official failed to be impartial hence the polls were mars with irregularities and were not free and fair.

He said his agents were denied access to some of the polling stations and were not given copies of forms 32A 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.

Meanwhile the High Court in Narok is set to rule in a case in which a Narok voter wants to withdraw a petition he had filed to challenge the election of Samuel Tunai as Narok Governor.

Narok Resident Judge, Justice Justus Bwonwonga, will on October 11 rule on whether to allow the petitioner to withdraw the case or have him proceed with it.

Five petitions were filed in Narok High Court to challenge some of the winners in the August 8 Election. Three others have been filed in lower courts to challenge election of some 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.

David Kipsang Keter also moved to Narok High Court to Challenge the election of Johanna Kipyegon Ngeno as Emurua Dikirr Member of Parliament (MP).

In Narok West, another unsuccessful candidate Stanley Taparia Mpoe has also moved to Narok High Court to challenge the election of Gabriel Tongoyo Koshal as Narok West Member of Parliament (MP). Justice Bwonwonga will hold a pre-trial for these two petitions on October 5.

Two Senate seat losers; 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