The High court in Nairobi has ordered for a scrutiny and recount of votes cast in Embakasi East constituency on August 8 last year.
Justice Joseph Sergon made the order following a petition filed by Francis Mureithi challenging the election of Paul Ongili alias Babu Owino as MP.
Sergon said that he was satisfied that Mureithi had given sufficient reasons to warrant a recount.
While making his findings, the judge pointed out that the Embakasi East returning officer Nicholas Butuk had admitted in Court that the results he announced did not tally with the ones in the Form 35A and that were many errors in the forms.
Mureithi, represented by lawyer Ham Lagat and Kiragu Kimani, had filed an application for scrutiny and recount of votes cast during last year’s election.
Lagat said the only way to determine the accurate election results is a recount of votes.
He also told the judge that there were instances where votes were increased in favour of Owino, and deflation of his client’s votes.
Lagat added that the Forms 35A did not have the official IEBC stamp, while others do not bear signatures of the presiding officer.
The lawyer said the results recorded and transmitted from polling stations to the constituency tallying centre at East Africa School of Aviation were inaccurat, adding that there was evidence of manipulation of the results in a number of polling stations and votes were inflated in favour of Owino.
The matter will be heard on February 26 for final submissions.
By Fred Mulwa.