Bribery, violence and intimidation claims feature in Babu election petition

Bribery and violence allegations dominated Thursday's hearing of a petition challenging the election of Embakasi East MP Babu Owino.

The court was told that as a result, Joshua Obiende, a candidate vying under the Amani National Congress (ANC) ticket, did not vote in the August 8 elections.

Obiende, the court was told, was protesting against alleged bribery of Independent and Boundaries Commission (IEBC) officials.

Testifying before High Court judge Joseph Sergon, Embakasi East Returning Officer Nicholas Butuk said he came to learn that the ANC aspirant did not vote when the Directorate of Criminal investigations (DCI) officers visited him while investigating alleged assault by current Babu Owino.

“I came to know about him (Obiende) not voting when investigation officers came to my office. The DCI officers wanted to know whether he voted. I went to the register which showed that his name was not marked,” Butuk testified.

Lawyer Kiragu Kimani for Mr Francis Mureithi, a Jubilee aspirant who is challenging Babu's win, played a video clip showing Obiende complaining that IEBC officials had been given Sh2 million.

The video showed Obiende oozing blood from a cut in his forehead.

Asked whether the election in the constituency was free and fair, he replied in the affirmative.

He said the voting process was smoothly. “I can see in the video that it was Obiende who was angry and making noise, but people were in the queue waiting to vote,” he said.

Butuk denied that there was violence in the tallying centre, and that the ANC candidate might have been injured outside the polling station.

The IEBC official was also put to task over changes that were done in the forms presented to the aspirant and the winner.

He testified that he could not confirm the authenticity of the changes but maintained that the election was above board.

“Can you confirm the authenticity of the changes done on the election results?” lawyer Kiragu asked.

Butuk replied: "I cannot confirm.”

The court heard that the final tally was in favour of Babu although there were aspirants whose final tally was affected by the formula keyed into the computer.

“The results had been known and the winner was also known. Issuance of the form 35C was procedural,” he said.

He admitted that the form he issued to Mureithi was not signed but insisted that the results were of votes cast.

“I verified the results before I keyed in and announced them,” the officer testified.

Mureithi went to court to challenge Babu's election victory, claiming that he committed an election offence by declaring himself the winner before all votes were tallied and that the election was marred with irregularities, intimidation and violence.

Babu, who vied on an Orange Democratic Movement (ODM) ticket, will testify on Friday.

On Tuesday, the returning officer said he was under duress duress from Babu Owino to announce the final vote tally. Butuk had said the MP issued threats if he was not declared the winner.