Lamu Senator Abu Chiaba did not win polls, court hears

By Willis Oketch and Kenan Miruka

Kenya: An official of Independent Electoral and Boundaries Commission (IEBC) told a court in Malindi that Lamu Senator Abu Chiaba was wrongfully declared Senator.

The officials said Abdalla Albeity, who is challenging his victory, should have been declared the winner of the March 4 vote. Following the testimony, through the official’s sworn affidavit, Albeity’s lawyer Wamuti Ndegwa has asked the court sitting in Malindi to declare him the winner of the March contest.

Ndegwa asked Justice Cecilia Githua to nullify the election of Chiaba and declare his client the validly elected Lamu Senator or order for a scrutiny and recount of ballots to prove his client’s complaints.

He told the court that IEBC legal officer Moses Kipkosgei had filed a sworn affidavit showing that Albeity got 15,066 votes against Chiaba’s 14,688 votes.

But IEBC lawyer Stella Muraguri opposed the application saying Kipkosgei’s affidavit filed in court in June was erroneous.

Kipkosgei earlier affidavit sworn on May 31 had indicated that Chiaba had won the seat after winnin 17,417 votes against Albeity’s 12,056 votes. In Kisii, petitioners in the Bonchari Constituency case want the court to annul the election of MP Zebedeo Opore on grounds that it was marred with irregularities.

During their final submissions before Kisii High Court judge Justice Ruth Sitati, John Oroo Oyioka and Nyabaro Onditi maintained the Independent Elections and Boundaries Commission (IEBC) had failed to hold a free and fair poll.

Through their lawyers Gilbert Nyamweya and Jackson Omwenga, the petitioners said IEBC’s Returning Officer for Bonchari Peter Resa had failed to correctly transfer results from Forms 35 to 36.

“My client won this election. Opore was declared winner with 8,992 votes against my client’s 8,887 votes yet the recount indicated the contrary,” said Nyamweya.