In Summary
  • He also wants the court to determine the exact number of votes cast in the Gem parliamentary election.
  • Midiwo accused Gem Returning Officer of failing to conduct the elections in accordance with the Constitution.
  • Mr Midiwo garnered 28,245 votes while Mr Odhiambo got 33,520 votes.

Former Gem MP Jakoyo Midiwo has asked the Siaya High Court to nullify the election of incumbent MP Elisha Odhiambo saying there were massive irregularities in the August 8 election.

Mr Midiwo at the same time called for a thorough scrutiny of the electoral materials and determine the exact number of votes cast in the Gem parliamentary election.

The former MP has also called for a recount of the votes cast and urged the court to declare him the winner should it establish that he won the election.

"The August election was not an election as it was marred with corruption, intimidation and violence hence this affected the entire voting exercise in Gem Constituency," said Mr Midiwo.

SIX-PIECE VOTING

Appearing before Justice Esther Maina, Mr Midiwo indicated that voting in Gem was not conducted through secret ballot “as the voters were being coerced to adopt the six-piece voting for ODM candidates.”

He also accused Gem Returning Officer Martin Omollo of failing to conduct the elections in strict adherence and conformity with the Constitution.

The petitioner also claimed that the RO had a conflict of interest since “he had business links with the Siaya County government headed by Governor Cornel Rasanga who jointly campaigned with Mr Odhiambo.

The former MP also stated that Mr Omollo was appointed an administrative assistant to conduct clerical jobs in Alego Usonga Constituency and was not validly posted as a retuning officer for Gem Constituency.

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