The ruling nullifying Stanley Muthama's election as Lamu West MP shows the electoral commission wrongfully declared him winner by suppressing the true votes of petitioner Rishad Amana of ODM.
On Wednesday evening, Muthama lost his seat through a court petition. In his ruling, High Court Judge Weldon Korir said irregularities recorded in two polling stations greatly affected the integrity and validity of the whole process.
Muthama garnered 11,084 votes against Ahmed's 10,939 votes -- a difference of only 145 votes. The judge argued the petitioner was disadvantaged by 91 votes in the two polling stations of Lamu Fort Hall and Lamu County Assembly due to a mix up of forms 35A and 35B.
In the Lamu Fort Hall polling station, Rishad lost 63 votes after they were reduced from 214 in form 35A to 178 in form 35B while Muthama gained 28 votes when his votes were increased from 36 to 64 during the transposition of the results.
However, during the recount conducted by the Malindi court Deputy Registrar Nyambu Wandia, it was discovered that Rashid beat Muthama at Lamu Fort hall polling station by garnering 259 votes against Muthama’s 31 votes.
At the Lamu County Assembly polling station, Rashad gained 18 votes after his tally was increased from 241 to 259 while Muthama’s votes came down to 31 from 36.
"By that act alone, the third respondent gained an advantage of 91 votes while the petitioner lost a similar number of votes,” the judge said.
He faulted IEBC officers for suppressing Rishad's votes and said there was no evidence to link Muthama to the electoral malpractice.