Blow to IEBC as court throws out evidence in Webuye West election petition
The Independent Elections and Boundaries Commission has suffered a major blow after the Bungoma High Court threw out its evidence in the case challenging the election of Dan Wanyama as the Webuye West Member of Parliament in the August 9 polls.
The affidavits sworn by the IEBC and Webuye West returning officer were found to be inadmissible by Justice William Musyoki.
The judge expunged all of the affidavits and evidence supporting the electoral body’s affidavits.
The petitioner, Kelly Walubengo, asked the court to dismiss the two’s submissions due to alleged fraud in commissioning the affidavits.
Justice William Musyoki ruled that the affidavits sworn by the IEBC and the Webuye West returning officer were inadmissible. All of the affidavits and evidence supporting the electoral body’s affidavits were thrown out by the judge.
Kelly Walubengo, the petitioner, had asked the court to dismiss the two’s submissions due to alleged fraud in commissioning the affidavits.
“I am happy with the decision by the Bungoma Court. Today they have exercised their independence showing that the court cannot rely on forged documents,” he said.
Kelly Walubengo, one of the contestants, filed a lawsuit in September to challenge the election, which he called fraudulent.
The IEBC declared Wanyama the winner with 14,325 votes, against Walubengo’s 12,005.
Other candidates in the race were Peter Sitati of Ford Kenya, who received 1,357 votes, Jubilee’s Rachel Khisa, who had 981, Edward Wafula (independent) 495, and Philip Wafula 283.
Others were Kennedy Mukombozi (207), George Muniafu (144), John Wasike (ODM, 2,126) and Peter Makali (DAP-K, 3,806).
The case will continue on Friday, December 2, with MP Dan Wanyama and one of his witnesses expected on the stand.
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