The Orange Democratic Movement (ODM) has filed a petition at the high court in Kakamega seeking to reverse the election of Amani National Congress’s Peter Nabulindo.
The ODM candidate David Were is seeking to challenge Nabulindo’s victory, citing corruption and illegal practices during the voting process.
“I pray that it will be declared that Nabulindo was not validly elected as MP. That the non-compliance, irregularities and improprieties in the by-election were substantial and significant to affect the results thereof,” he said.
Were further wants Nabulindo, the Independent Electoral and Boundaries Commission (IEBC), and John Kiplagat- the Matungu returning officer, to be held liable for irregularities.
Were is represented by his lawyers comprising former National Assembly speaker Kenneth Marende and Dr. Ken Nyaundi. Were further wants Nabulindo, the IEBC and Kiplagat to meet the costs of the petition.
“I urge the court to grant other orders that seem just and fit pertaining to this case,” said the former three-term MP for Matungu in his court papers.
Nabulindo emerged the winner of the March 4 parliamentary by-elections after he garnered 14,679 votes after a tally from all 116 polling stations. Were came in second with 10,500 votes while United Democratic Alliance candidate Alex Lanya took the third place with 4,813 votes. He was followed by Bernard Wakoli fourth with 1,304 while Christabel Jane Murunga emerged fifth with 365 votes.
The high court will delivery a ruling on whether the petition meets the threshold to challenge the election. The case was filed under a certificate of urgency.