High Court upholds election of Vickins Bondo as West Kasipul MCA
The High Court sitting in Homa Bay has upheld the election of West Kasipul Ward Representative Vickins Bondo following an appeal lodged by the Independent Electoral and Boundaries Commission (IEBC).
Senior Magistrates court in Oyugis on January 31, 2023, nullified the election of Bondo as the duly elected Member of County Assembly (MCA) for West Kasipul following a case filed by Peter Ongili Okeyo, who lost in the poll conducted on August 9.
While nullifying Bondo’s election, Oyugis Senior Principal Magistrate B.O Omwansa ordered the electoral body to conduct a fresh election, saying the poll was not free and fair.
However, in his ruling today, Homa Bay High Court Judge Kiarie Waweru Kiarie overturned the ruling by the lower court, saying Bondo was validly elected as MCA for West Kasipul.
“The learned Magistrate erred in relying on the report in respect to God Agulu polling station without inviting all parties to address the issue brought out by the alleged discrepancies between the counterfoils and total valid votes cast in the station,” the judge ruled.
“From this report, he concluded that 78 ballot papers were unaccounted for and this formed the basis of his conclusion that it was difficult to tell who won the election for MCA of West Kasipul ward and nullified the election,” he added.
The judge ruled that this was a misdirection, for the petitioner did not approve his allegations.
“I, therefore, set aside the decision of the learned magistrate and substitute with a finding that Bondo herein was validly elected as announced and declared by the IEBC as MCA for West Kasipul ward,” Kiarie ruled.
Bondo welcomed the decision the by High Court, saying he is now focused on developing the ward.
He thanked his supporters for having faith in him calling on all voters to join hands and ensure they move the ward forward in terms of development.
The MCA further extended an olive branch to his competitor to join him in serving the residents.
“I want to extend an olive branch to my worthy competitors to join hands and ensure we serve our people,” he said