[Nyamira Governor John Nyagarama during his swearing in for the second term[photo|Standard media]Former Kitutu Masaba MP Walter Nyambati now wants court to nullify the win of Nyamira County Governor John Nyagarama during the 2017 General Election.
The former legislator who is the petitioner in the case, through his lawyer Kennedy Nyaencha, told the court the results announced did not reflect the will of the people.
“The petitioner has proved his case in the balance of probabilities in the whole election. The election, therefore, would not be said to be the will of the people of Nyamira county,” Nyaencha told the court on Tuesday.
According to the lawyer, the will of the people was subverted by the actions of the first, second and third respondents and the only way for the people to exercise their will is to have the results cancelled and call for a fresh election.
However, the electoral body, IEBC and county returning officer David Towett, through lawyers Jackson Nyamweya and James Mamboleo, said the IEBC conducted a free, fair and credible election.“The IEBC is a midwife. It midwifed the voters of Nyamira county a bouncing baby boy during the August 8 General Election. The baby boy is well and is in court,” Mamboleo said.
He ,however, noted no election can be conducted without its challenges.“Even the law recognises there is no perfect election,” he said. On bribery allegations, Mamboleo said the evidence given about bribery allegations was shaky and could not be proven beyond reasonable doubt.“Administrative errors resulting from human imperfection cannot deofficiate an election result,” he told Justice James Makau. The county boss will now his fate on February 28, when final ruling will be made.