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Loser asks judge to rely on Raila vs Uhuru case to nullify Changamwe poll

By Kelvin Gitonga | Published Wed, February 14th 2018 at 00:00, Updated February 13th 2018 at 23:29 GMT +3
Changamwe MP Omar Mwinyi follows proceedings during the Submissions in a petition filed by Mohamed Daib challenging his victory. [Photo by Kelvin Karani/Standard]

A petitioner wants the Changamwe MP's election on August 8, 2017, nullified following a number of anomalies uncovered by a vote scrutiny.

Mohamed Daib told Justice Njoki Mwangi that irregularities and anomalies discovered in the scrutiny of ballot papers were adequate grounds to nullify Omar Mwinyi's victory.

Through lawyer Gikandi Ngibuini, Mr Daib told the court that the scrutiny had revealed that the election conducted last August 8 was not free, fair, credible or verifiable.

He quoted a scrutiny report revealing that a clerk at Bokole Primary School Stream 3 was given and admitted to having 700 votes, but the station later reported 950 used votes.

Mr Ngibuini also noted the absence of counter foils of used ballot papers in Mikandini Primary School Stream 1 and 4, and lack of used or unused ballot papers.

Also cited were missing serial numbers from ballot boxes. Harmonised forms 35A was also an area of concern after scrutiny, after a difference of 17 votes in Chaani Hall Stream 2 was unearthed.

Another anomaly Daib cited was the presence of two forms 35B, one dated August 10, 2017, the other dated August 13, 2018.

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But the Independence Electoral and Boundaries Commission insisted that the Changamwe MP's election was credible, free, fair and verifiable.

The commission told the court that the petitioner should not rely on provisional results transmitted in the portal in his petition arguments, but on the final results as recorded in forms 35A.

A judgement on the petition will be given on February 28. 

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