A Judge has ordered for scrutiny and a recount of votes cast in the Embakasi East Constituency during the August 8 General Election.
Justice Joseph Sergon said parties in the petition had agreed there were errors in the tallying process and that only a fresh scrutiny and a recount could set the record straight.
Jubilee’s Francis Mureithi, who lost to Mr Paul Ongili alias Babu Owino of ODM, has challenged the outcome, saying there were various sets of results contained in the polling forms and that it was difficult to determine who won the race.
Through lawyer Ham Lagat, Mr Mureithi said some of the forms were not legible and that no one could determine if the results in form 35 A correspond with those in form 35 B.
He also claimed there were instances of inflation of votes cast in favour of Mr Owino and a deflation of his own. Some forms 35 A lack the official Independent Electoral and Boundaries Commission stamp, while others do not bear signatures of the presiding officer.
RESULTS NOT ACCURATE
The lawyer said the results recorded and transmitted from polling stations to the constituency tallying centre at the East Africa School of Aviation Institute were not accurate and verifiable in compliance with Articles 81 and 86 of the Constitution.
IEBC Nairobi county election manager Joseph Mele Eroo said that although there were errors in a number of forms, that cannot be the basis for a fresh scrutiny.
He said the petitioner had not laid a sound basis for the court to grant him his request for a recount and that lack of stamps in some of the statutory forms cannot be the basis for scrutiny in an election petition.
Mr Owino through lawyer Jackson Awele said lack of stamps in 44 random polling stations was an insufficient reason to conclude that the poll was marred with irregularities.
Justice Sergon ruled: “I order IEBC to produce sealed ballot boxes for the recount of votes in the entire constituency since the accuracy of forms 35Bs had errors,” Justice Sergon ruled.