Homabay County Senatorial aspirant Shem Odongo Ochuodho seeks judicial review to overturn IEBC decision barring him from vying


Homabay County  Senatorial aspirant vying on a Restore and build Kenya(RBK) Shem Odongo Ochuodho has moved to the Judicial Review Court seeking stay orders of the IEBC decision barring him from vying in the upcoming general elections.o


According to his application, Ochuodho is seeking stay orders of the decision by IEBC which was delivered on June 5th 2017 on nomination dispute resolution.


The aspirant said that that the people of Homabay will be denied the opportunity to elect the senator of their choice if the orders sought are not granted.



Ochuodho added failure to grant the orders, the application will be rendered meaningless and a futile academic exercise and will be barred from contesting in the August 8th general elections.


Grounds of application


The aspirant said that the IEBC was irrational in dismissing his complaint on grounds that he was out of time in handing in his nomination papers despite presenting them with a banker’s cheque on May 29,2017 as ordered by Homabay county returning officer.


Ochuodho said that he had appealed the IEBC decision at the High Court but his application was dismissed on grounds that the court has no jurisdiction to hear appeals on the decisions of the IEBC.


“The judge dismissed my application and instead advised me to seek judicial review orders then the court will have considered my appeal,” Ochuodho applies.


Move to present his papers


The aspirant added that on the day he received a call from the returning officer directing him to present his nomination papers, he sent his representatives to submit them on his behalf because he was out of the country.

“The returning officer Michael Kosgei advised me that l would make cash payments when submitting my papers due to the short notice he gave me,” Ochoudho said.


Odhuocho added that when his representatives got to Kosgei’s office, he turned them away and informed them to make the payments in a banker’s cheque.


The aspirant further added that his representatives proceeded to Kenya Commercial Bank to obtain the said Bankers cheque but they were informed that bank services were not available that day and would have to seek the banker’s cheque elsewhere.


“My representatives went to a nearby town and obtain the bankers cheque and went back to Kosgei’s office to present his nomination papers and the cheque,” he added.


Odhuocho said that the returning officer declined to accept the papers stating that he was out of time and yet his papers were presented on May 29.