IEBC official admits errors in poll

By KENAN MIRUKA

An official of the national electoral body admitted that there were errors in the transfer of data to a form detailing aggregate results from constituencies during the South Mugirango Senate elections.

Mr James Maina, Independent Electoral and Boundaries Commission (IEBC) returning officer in charge of South Mugirango constituency was testifying at the High Court in Kisii.

He was the final defence witness in a petition challenging the election Kisii County Senator Chris Obure during the March 4 General Election.

Peoples Democratic Party’s chief agent Charles Mogere filed the petition on grounds that dead voters participated in the poll and that IEBC officials manipulated figures in form 36, denying his candidate Omingo Magara a win.

Yesterday, Maina told trial judge Justice Ruth Sitati that Magara lost 601 votes due to clerical errors at Nyansembe, Ensoko and Orencho polling stations.

He conceded that some candidates were awarded votes erroneously, but this did not affect the final tally. Obure won the poll with 120,351 votes, beating his closest challenger Prof Sam Ongeri who polled 106,325. Magara was third with 100,784 votes.

Put to his defence by Obure’s lawyer Chacha Odera, the official admitted the Kisii Senator also lost votes due to the same errors. He defended himself against claims that he had denied the people of South Mugirango a chance to elect their preferred senator, saying the errors were not deliberate.

HIGHER EFFICIENCY

IEBC lawyer Charles Rigoro said  that even with the clerical errors, the poll body registered higher efficiency in the conduct of the elections compared to previous years. He said by the time he announced the final tally, agents for various candidates had left, but failure to sign form 36 did not invalidate a legitimate poll under the elections laws of Kenya.

Hearing of the case came to an end and lawyers for each party have until July 26, to tender their final submissions.

Elsewhere, Kitutu Masaba MP Timothy Bosire testified in a petition challenging his victory and said he fairly won the contest. Giving his evidence, the first-time legislator said the petition filed by Paul Gitenyi largely comprised of hearsay.

“Contents in this petition contain sweeping statements not backed by any evidence,” a composed Bosire told trial judge, Justice Edward Muriithi. Although Bosire stood his ground that the will of the people of Kituitu Masaba was reflected in the poll outcome, he was taken to task by Gitenyi’s lawyer Jackson Omwenga who wanted the MP to disclose if his relatives were recruited to part take in the electoral process.