Former Gem MP Jakoyo Midiwo at a past function [Photo/The Star]

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Former Gem MP Jakoyo Midiwo has been dealt a setback in a bid to return to parliament after High Court in Siaya dismissed his application for vote recount and scrutiny.    

Midiwo had moved to court to challenge the victory of MP Elisha Odhiambo, citing irregularities and illegalities.

On October 6, the vocal politician, cousin to the former Prime Minister Raila Amolo Odinga had appealed to the court to direct for vote recount and scrutiny. 

In her ruling, Justice Esther Maina, however, said the heeding to Midiwo’s request is an abuse of the court process. 

She further described the push for a recount by the lawmaker as mischievous and an attempted to the change the will of the people who took part in the last general election.

The court asked the former lawmaker to explain the validity of the votes cast in his election petition before his case can be considered.  

Maina, however, concurred with Midiwo’s concerns that the transmission of the election results was not perfect. She further asked both parties in the election petition to file their submissions both orally and in writing.

Midiwo told the court that the incumbent bribed voters at the home of Royal Media Services presenter Felix Oduor (Jalang’o), claims which Odhiambo has denied. Odhiambo admitted that he only gave Sh.100 to each of the persons who attended the event at the radio presenters hours, which he said does not amount to voter bribery.