Press Release: ODM’s Nomination Fraud in Nyamira County
Winner Robert Mosota Denied Nomination Certificate
On Thursday, 17th January 2013, I won nomination for the Magwaga Ward in North Mugirango constituency, Nyamira County. Sadly, Mr. Elias Keton, the Returning Officer at Nyamira County headquarters, refused to issue me with a Nomination Certificate as per Rule 28 Section 28.2 of the Party Election and Nomination Rules.
After all the votes were cast on Thursday, 17th January 2013, they were counted at the North Mugirango Constituency Office located at Ekerenyo in the presence of all three candidates, that is myself Robert Mosota, Benta Nyaboke and Abel Mukaya Mose. According to the results that were announced at the scene by Returning Officer, Mr. Nickson Amaya, I got 1,288 votes, Benta got 1,127 votes while Abel got 677 votes (see attached from my agents of votes cast at every polling station). I beat my closest opponent with 161 votes and all candidates accepted the results as the true reflection of the will of ODM members in Magwagwa ward. Subsequently, I was declared the winner by the Returning Officer, Mr. Nickson Amaya at Ekerenyo. To confirm my victory, Mr. Amaya issued me with a hand-written note at the scene as evidence that I had won the nomination.
The note read in part: “I hereby commit to have presided over a nomination done by ODM party that elected Robert Mosota Atei to vie for county representative position on ODM ticket after being voted in by a majority of one thousand one hundred and ninety seven (1,197votes)”. The announcement was made in the presence of Stephen M. Nyakeriga, the Chairman of ODM, Nyamira County while several other supporters were also physically present. After the announcement, I was instructed to travel to Nyamira as soon as possible to be issued with my Nomination Certificate. There were no disputes as myself and my supporters started celebrating the sweet victory.
On the morning of Friday, January 18th 2013, I arrived with my supporters at Nyamira County. It is here that Mr. Elias Keton, who was in charge of issuing the certificates, refused to issue me with my Nomination Certificate and instead said that it is Benta Nyaboke who had won the nomination. Both I and my supporters alike were shocked beyond belief. When I tried to protest against the theft of my victory in broad day light, Keton refused to listen to us and instead, directed that I and my supporters be removed from the premises. We were subsequently chased away. Under the circumstances, I am demanding the following:
1. That the Party Headquarters not recognize Benta Nyaboke as the ODM candidate for Magwagwa Ward because I am the rightful winner of the nomination. Recognition of Myaboke will be a fraud that will lead to legal action.
2. That the Party Headquarters not forward the name of Benta Nyaboke to the Independent Electoral and Boundaries Commission (IEBC) because I am the legitimate ODM nominee of Magwagwa ward who should contest the seat as per ODM’s Nomination rules.
3. That the matter be resolved expeditiously in view of its urgency.
I wish to underline the fact that the person who is directly responsible for the theft of my victory by virtue of having denied me my Nomination Certificate is Mr. Elias Keton. I believe that Keton is acting in cahoots with other conspirators in the background. I have already reported the matter to the ODM Office in Nairobi.
It will be a great disservice to the people of Magwagwa ward to be denied the opportunity of presenting the most popular candidate in the Party for county representative and it is for this reason that I together with my supporters, have decided to do what it takes to ensure that my victory is not stolen.
Robert Mosota Atei,
19th January 2013
• The Kenyan and International Media
• Election Observer Groups
• ODM’s Office, Orange House
• ODM’s Office, Ekerenyo Branch
• ODM’s Office, Nyamira Branch
• ODM’s National Secretariat, Orange House, Nairobi
• The Independent and Electoral Boundaries Commission (IEBC)
• Registrar of Political Parties
• Dickson Amaya, Returning Officer, Ekerenyo
• Elias Keton, Returning Officer, Nyamira County
• Benta Nyaboke, Contestant for ODM Nomination, Magwagwa Ward
• Other interested Parties as may be necessary