The High Court on Monday ordered for a vote recount in Embakasi East constituency for the parliamentary seat.
This is following a petition filed by Francis Mureithi, challenging Paul Ongili alias Babu Owino’s August 8 win.
Judge Joseph Sergon while delivering the ruling said that there was need to scrutinize the votes. He also noted that the Returning Officer, Nicholas Butuk had told the court that the final results announced did not tally with those in forms 35A.
Mureithi’s lawyer, Ham Lagat told the court that there were instances where Babu’s votes were inflated and his client’s reduced.
Mr Lagat also noted that Babu had admitted to having cast his vote in a polling station where he was not a registered voter.
“This is not an isolated case but only an example of the 3rd Respondent’s (IEBC) officials allowing people to vote without being identified as voters electronically or manually, which was widespread in Embakasi East Constituency,” he said.
The court also heard that votes recorded and transmitted to the constituency tallying centre at East Africa School of Aviation were incorrect and some forms lacked IEBC stamps.
In reply, the 3rd respondent (IEBC) Joseph Mele Eroo, the Nairobi county election manager argued that the lack of stamps was not reason enough to recount the votes.
The legislator’s lawyer, Jackson Awele also argued that lack of stamps should not serve as a basis for vote scrutiny.
The case will be heard on February 26 for the final submissions.
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