A report filed in court by the deputy registrar following a vote recount indicates that Embakasi East MP Babu Owino is leading.
Deputy Registrar Wafula Mbayaki filed the report on the recount as ordered by Justice Joseph Sergon on February 12, 2018. It indicated that Mr Owino got 46,817 votes against the petitioner's 42,501.
According to the report, Owino was declared the winner in last August's election with 46,587 votes while Francis Mureithi got 42,501 votes.
“The scrutiny and recount exercise was by and large a success, except for a regrettable incident where one of the deputy registrar’s phone was stolen,” said the registrar in the report.
The report says the registrar is optimistic the presentation would be helpful in the determination of the election petition.
The report reveals that Owino got more votes after the recount.
Parties in the case are expected to file and make their oral submissions tomorrow before a verdict is delivered on Friday.
The court had ordered for a scrutiny and recount of votes cast in Embakasi East constituency on August 8 last year.
Justice Joseph Sergon made the order following a petition filed by Mr Mureithi challenging the election victory of Owino.
Justice Sergon said he was satisfied that Mureithi had given sufficient grounds to warrant a recount.
While making his findings, the judge pointed out that Embakasi East Returning Officer Nicholas Butuk had admitted in court that the results he announced did not tally with the ones in forms 35A and that were many errors in the forms.
Mureithi, represented by lawyers Ham Lagat and Kiragu Kimani, had filed an application for scrutiny and recount of votes cast during the election.