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Votes scrutiny could be turning point in poll petition cases

Tuesday January 23 2018

Vote scrutiny and recount

Homa Bay High Court Deputy Register Lester Simiyu on January 9, 2018 holds a ballot paper used in the Homa Bay August 8, 2017 gubernatorial election during recount and scrutiny of votes casts in 81 polling stations. Vote scrutiny and recount is currently going on in at least 10 disputed elections. PHOTO | BARACK ODUOR | NATION MEDIA GROUP 

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Several judges have ordered scrutiny and, in some instances, recount of votes cast during the August 8, 2017 General Election in what could be the turning point in the pending election petitions.

The scrutiny and recount is currently going on in at least 10 disputed elections including gubernatorial polls in Kitui, Homa Bay, Mandera and Embu.

Others are petitions challenging the elections of MPs including Garissa Town, Wajir West, Embakasi South, Lang’ata, Embakasi East and Changamwe.

In Kitui, former governor, Dr Julius Malombe, alleges that in some polling stations, the number of votes cast exceeded those of registered voters.

The same issue has been raised in Lang’ata constituency in a petition filed by ODM Isaac Omoke who has challenged the election of Nixon Korir.



In Changamwe Constituency, the High Court ordered a scrutiny and recount of ballots cast in 80 polling stations.

Mr Mohamed Abdi Daib of Jubilee contested the victory of Omar Mwinyi of ODM.

In Nairobi, Justice Grace Nzioka also ordered a scrutiny of votes in Embakasi South Constituency in a petition filed by former MP Irshad Sumra against Wiper’s Julius Mawathe.

Still in Nairobi, Justice Francis Tuiyot allowed scrutiny and recount of votes cast in four polling stations in Wajir West Constituency after a petitioner complained of alterations and swapping of the poll outcome.

Justice Tuiyot noted that there were alterations of results at Korich polling station and the presiding officer failed to countersign Form 35A to authenticate the changes.


“I would think that a scrutiny of the votes at Korich would help clarify whether or not the issues raised are real of just a trifle,” Justice Tuiyot said.

Other than Korich, the Judge ordered a scrutiny of votes at Qara polling station, Arbajahan Primary School polling station and Mathow Primary School polling station.

The petitioner, Mr Abdirahman Ibrahim Mohamed of ODM, though his lawyer Fred Ngatia, argued that at Qara polling station, the votes of the MP, Mr Mohamed Ahmed Kolosh of ODM were inflated.

Mr Kolosh beat Kanu’s Ibrahim by a small margin of less than 500 votes.

Witnesses who testified in court said that the final result announced at Qara showed that Mr Kolosh got was 319 votes while Mr Ibrahim got two votes.

But when the retuning officer announced the results at the constituency tallying centre at Griftu Pastoralist Training Centre, the MP’s votes had been inflated to 540 votes.