Court orders re-tallying of all votes in Suna West

Court orders re-tallying of all votes in Suna West
IEBC official at a polling station.

The Migori High Court has ordered for the scrutiny of forms 35A and re-tallying of votes in all the 88 polling stations in Suna West Constituency.

Presiding Judge Hillary Chemitei issued the order in an election petition filed by former Suna West Member of Parliament Joseph Obiero Ndiege challenging the victory of incumbent MP Peter Masara in the August 2017 election.

Mr. Ndiege, who was vying on an ODM Party ticket, lost his seat to Mr. Masara who was an independent candidate.

Justice Chemitei directed that the exercise be led by the Migori court deputy registrar and a report be submitted before the court within seven days.

The order for scrutiny of forms 35A was issued following an application made by the counsel for the petitioner Charles Midenga, on December 19, 2017.

Justice Chemitei in his ruling said the court established that there were anomalies in the documents, saying that the forms that were in custody of the petitioner and the respondents do not match.

The court further noted that some of the forms had anomalies including being illegible, having different figures and lacking signatures.

The court, however dismissed the application by Ndiege seeking for the scrutiny of KIEMS kits, SD cards, forms 32A,ballot papers, ballot boxes and polling station diaries.

Justice Chemitei in his ruling said allowing scrutiny for the KIEMS kits and SD cards will change the character of the petition, adding that the application was time barred.

Meanwhile, the parties in the petition are expected to give their final submission to the court on January 30, 2017 ahead of the judgment date which is yet to be set by the court.


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