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IEBC officials charged with malpractices, refusal to count votes

By John Shilitsa - Aug 10th 2022
Police officers manning ballot boxes in Mathioya constituency on August 9, 2022. [Martin Mukangu, Standard]

Four Independent Electoral and Boundaries Commission (IEBC) officials in Mombasa and Kilifi counties were yesterday charged with electoral malpractices and refusal to count votes.

The four were charged at the Shanzu Law Courts with issuance of two extra voting ballot papers to one voter, failure to report the matter to security officials and refusal to count votes.

The four include a Presiding Officer, Deputy Presiding Officer and polling clerk.

Those charged are Dorine Mwinzi Mwanyola (polling clerk), Anwar Kai Samson (Presiding Officer), Nicholas Nyamuya (Presiding Officer) and Sawiya Mtesi (Deputy Presiding Officer).

According to the charges, Mwanyola, a polling clerk, was charged with issuing two extra voting ballot papers for governor candidate serial number 6V01120291 and Women Member of the National Assembly Candidate Serial Number WR01120291 which act was a breach of the official duty.

It was alleged that on August 9 at Shimo La Tewa, Kilifi South Constituency in Kilifi County, Mwanyola issued the extra ballot papers without notifying the security officials.

Anwar Kai Samson, a Presiding Officer at Mtomondoni Primary Polling Station stream eight, was accused of issuing two extra ballot papers on Tuesday, at Shimo La Tewa Ward Kilifi South Constituency in Kilifi County.

Samson was accused that without reasonable cause, he issued two extra voting ballot papers for Governor Candidate and Woman of the National Assembly in breach of the official duty.

He was also accused of failing to prevent the issuance of extra voting ballot papers for governor and Women's Rep positions.

Nicholas Nyamuya, a Presiding Officer and Sawiya Mtesi a Deputy Presiding Officer at Utange Primary polling station, jointly and unlawfully failed to count valid ballot papers for Members of the National Assembly, Member of County Assembly, Senator and Women Representative seats.

It is alleged that on Tuesday, Nyamuya and Mtesi declined to count the votes.

Three police officers are set to testify against Nyamuya and Mtesi.

Appearing before Principle Magistrate Yusuf Shikanda, Samson, Mtesi and Nyamuya denied the charges and were released on a Sh500,000 bond with an alternative cash bail of Sh300,000.

However, Mwanyola pleaded guilty to the offence of issuing two extra ballot papers.

Her case is set for fact reading on August 15.

She was released on similar bail terms as the co-accused.

Both the accused are set to appear in court on August 15, 2022.

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