Man seeks to nullify election of Aden as MP

By Isaiah Lucheli

GARISSA, KENYA: A man has moved to court to challenge the election of a legislator in Garissa County.

Mohamed Mahat, a voter in Balambala constituency, wants the election of Abdikadir Omar Aden as area legislator nullified on grounds that it was not credible, transparent, free or fair.

In his petition, Mr Mahat claims there was widespread violence, intimidation of voters, bribery and failure to observe poll regulations by the Independent Electoral and Boundaries Commission (IEBC) officials who had contravened the Constitution.

He argues that whereas elections were gazetted to be held on March 4, this year the IEBC conducted the election on March 5 in some of the polling stations, being in violation of the supreme law.

Tallying of votes

“After counting of votes cast at polling stations and subsequent tallying of votes, the Returning Officer Titus Mutemi, having declared the elections flawed and marred by numerous irregularities, nevertheless proceeded to announce and declare the number of valid votes cast in favour of each candidate,” read the petition.

He said the Returning Officer had declared he could not announce a winner due to massive anomalies and chaos that had disenfranchised voters in Mathalibah ECD centre, Seka, Sankuri and Modika primary schools polling stations.

“The Returning Officer went against his declaration that a winner for the parliamentary seat would be determined by either the IEBC dispute resolution tribunal or the High Court,” said Mahat.

He claims the Returning Officer waited for two other candidates for the parliamentary seat to leave tallying centre before announcing results at around 2am on March 6.

He said the Returning Officer declared the first respondent as the winner and issued him with a certificate. He submits that in violation of the poll regulations, the IEBC appointed presiding officers and polling clerks and changed the lists before poll.