Court to make decision over scrutiny, recount in Nyamira gubernatorial petition

Nyamira Governor Amos Nyaribo. [Sammy Omingo, Standard]

A Nyamira court will, in two weeks' time, decide whether or not there will be a recount of votes from 26 polling stations in a case challenging the election of governor Amos Nyaribo.

The case has been filed by a voter, Denis Ayiera, who has asked the court to order scrutiny and recount of votes following the August 9 General Election.

The applicant claimed there were many errors that denied UDA governor candidate Walter Nyambati victory.

The petitioner has claimed there was vote manipulation that saw Nyambati's votes given to other candidates, including Nyaribo.

Ayiera also alleged that the Independent Electoral and Boundaries Commission (IEBC) had generated two different Form 36As in some polling stations, further causing confusion on which ones were authentic.

Through lawyer Omwanza Ombati, Ayiera also wants the court to nullify the election of Nyaribo over a claim he used a public officer as his chief agent. Nyaribo contested on the United Progressive Alliance ticket.

Both Nyaribo and the electoral body want the case dismissed.

IEBC lawyer Ronald Muyundo said some of the reported errors were not sufficient to warrant the nullification of the elections.

Muyundo however agreed with the petitioner that there were grievances in some of the stations contested but according to him, the errors were inconsequential to the final outcome of the polls.

Mr Nyaribo was represented by lawyers Stephen Ligunya and Julius Anyoka who asked the court to dismiss the petition they termed as baseless.

"All the allegations that have been made in this petition are baseless and the petitioner seems to be on a fishing expedition for substance against the petitioner," Ligunya told the court.

Justice Kimondo Kanyi, who is presiding over the case, said he will issue a ruling on the application for a scrutiny and recount of votes on November 25.