Judge orders vote recount in election petition against John Nyagarama

Monday December 4 2017

Aaron Makau.

High Court Judge Aaron Makau delivers a ruling on December 4, 2017 in a petition challenging the election of Nyamira Governor John Nyagarama. He ordered the scrutiny and recount of votes in 90 out of 533 polling stations. PHOTO | HENRY NYARORA | NATION MEDIA GROUP 

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A High Court has ordered a recount of votes in 90 out of the 533 polling stations in Nyamira County in a petition challenging the election of Governor John Nyagarama.

The case was filed by Mr Walter Nyambati.


Justice Aaron Makau also ordered a scrutiny in the polling station where duplication or errors were made when results were being transposed from Form 37A to 37B and 37C.

The judge cited a number of petitions where the scrutiny and recount of votes were granted, saying the case at hand was not different.

He said scrutiny and recount of votes should be completed by December 17 and results presented to the court to enable him to make his final judgment in the case.


Justice Makau said each party was at liberty to present two agents during the scrutiny and recount of the votes.

“No supporters or party supporters or their sympathisers will be allowed during the scrutiny or recount of the votes,” he ruled.

The judge directed Nyamira OCS to ensure adequate security during the recount of the votes.


Mr Ken Nyaencha, who is representing Mr Nyambati, said he was satisfied with the ruling.

However, lawyers Gilbert Nyamweya (representing IEBC) and Mr Nyagarama’s lawyer Erastus Orina said they would challenge the ruling.

“We plead to the court to grant the defendants certified copies of this ruling. We want to make an application over the ruling,” said Mr Orina.

The court allowed them to have the certified copies of the ruling.