Petition Contesting Election Win Of Former Journalist Turned MP Dismissed

The Kisii High Court has dismissed an election petition challenging the win of Kisii National Member of Parliament Dorice Donya Aburi in the August 2022 general elections.

The two petitioners Job Nyabuto and Ezekiel Okenye claimed there were voter bribery allegations in some polling stations during the voting process in favour of Donya, but they told the court they had no proof since they were informed by their fellow agents.

Among the allegations the petitioners failed to prove to the court included failure to give evidence on the malpractice claims.

The agent to former Kisii Woman Representative, Janet Ong'era, in his affidavits did not provide the court with evidence of being denied entry to the polling station.

Kisii National Member of Parliament Dorice Donya Aburi addressing the media on February 28, 2023. /VIRALTEAKE.ELIZABETH ANGIRA

"The agent in his affidavit did not give evidence to this court to prove that the IEBC officials locked him out despite him claiming to have proper documents to allow him to access the polling station," stated Justice  Stella Mutuku.

While delivering a judgement, Justice Mutuku stated that the petition did not meet the threshold of the standard of proof to challenge Donya's election.

The judge, on the analysis of issues raised in the petition such as noncompliance and irregularities, further noted that the petitioner did not provide evidence of the same.

The petitioners also claimed there was a coordination of violence from Chiefs and the police in some polling stations in favour of Donya, in cross-examination, but did not give evidence on the number or the names of the chiefs who were involved in this coordinated violence.

An agent representing an independent candidate, Everlyne Ogendo, in his affidavit, revealed that an elderly woman was assisted to vote for Donya despite her requesting to vote for Ogendo.

Another agent for Ong'era claimed other agents were given bread and milk and he was left hungry as the Toyota Probox which dropped lunch drove away, which raised suspicions.

IEBC in their response said they conducted free fair and credible elections in line with the Elections Act and conducted training for all agents and how to register claims with IEBC on any irregularities, stating that no claim was registered with them.

The petitioners were ordered to incur costs by paying Ksh3 million to three respondents wherein Ksh1.5 million will be paid to Donya and another Ksh1.5 million to be shared by the IEBC and the returning Officer.

IEBC declared Donya as the Kisii National MP after she garnered 190,277 votes against her competitor Ong'era's 69,995 votes, among twelve other candidates who vied for the position. Teresa Oroo of UDA came third with 40,972 votes followed closely by Racheal Otundo (PPOK) and Everlyn Ogendo (Independent) who polled 31575 and 12,225 votes respectively.

Peris Onsarigo (Jubilee) was sixth with 10,034 votes followed by Lucy Getoi (DP) with 9,221 votes, and Maureen Obino (Independent) with 6,748 votes.

Donya thanked the court for its decision and called upon all her opponents to work together and develop the county, adding that she will fulfil all the promises she made during the campaign.

She added that she will ensure National Government Affirmative action fund has been dispersed fairly.

Donya left her journalism job in 2017 to vie for the woman representative race on a Jubilee ticket but lost to Ong'era, a popular figure in local and national politics. One year later, she was appointed as a board member of the South Nyanza Sugar Company Limited for a period of three years.