Judge allows vote recount in Malombe petition against Governor Ngilu

Former Kitui Governor Julius Malombe at Milimani law court on January 4, 2018 during the hearing of his petition challenging the election of Charity Ngilu. The court has ordered partial recount of votes. PHOTO | MARTIN MUKANGU | NATION MEDIA GROUP

What you need to know:

  • The Judge directed the exercise to begin on January 23.
  • He said most Wiper agents failed to append their signatures because of intimidation.

Former Kitui Governor Julius Malombe has scored a victory after the High Court allowed partial scrutiny and recount of votes cast on August 8 General Election.

Lady Justice Pauline Nyamweya allowed scrutiny and recount of votes cast in about 50 polling stations, where the former governor alleges there was cheating.

Dr Malombe, who has challenged Ms Charity Ngilu’s win named a number of polling stations he says were marred by irregularities and the results contained does not reflect the wishes of Kitui voters.

AGENTS

The Judge directed the exercise to begin on January 23 and supervised by the Deputy Registrar of the High Court in Kitui.

She said the parties will highlight their findings, on February 9. The court also asked parties to appoint agents who will undertake the exercise and directed the lawyers to be present during the scrutiny.

In challenging the win, Dr Malombe accuses Ms Ngilu of intimidation and bribery of voters. He also says that in several polling stations, the number of votes cast on August 8, exceeded the number of registered voters.

INTIMIDATION

He said most Wiper agents failed to append their signatures because of intimidation.

Dr Malombe’s chief agent, Mr Bernard Kitheka had told the court most Wiper agents changed their loyalty, hence failed to append their signatures to the result forms.

The former Governor also stated that a number of forms lacked IEBC stamps. There are also alterations in a number of forms but they have not been countersigned.

Ms Ngilu defended her win saying that she was elected before she is a performer and was the best candidate.

The case will mentioned on February 1.