Lamu RO admits arithmetic errors in senator results

Lamu returning officer Mohamed Adan testifies at Malindi High Court, November 23, 2017. /ALPHONCE GARI
Lamu returning officer Mohamed Adan testifies at Malindi High Court, November 23, 2017. /ALPHONCE GARI

IEBC on Thursday told a court in Malindi that there were arithmetic errors in the August 8 Lamu Senator election results.

Returning officer Mohamed Adan told the court that he used an Excel sheet which led to minor errors in the results for the individual candidates.

He made the revelations during the hearing of a petition challenging the election of Anwar Loitiptip as the county legislator.

The official told Lady Justice Asenath Ongeri that he was "hopeful" the results will match if the ballot boxes are re-opened for scrutiny.

During cross-examination by Hassan Albeity's lawyer Abubakar Yusuf, the RO also confirmed there were errors in the total number of valid votes cast.

It emerged that tallies from forms 38A, 38 B, and 38 C did not match but the poll official said the total votes for individual candidates were not varied.

In the said errors, one of the candidates Mwaure Mwaure of Agano party got three votes in Kiangwe polling station but was given 37.

The petitioner revealed that the variations were clear in Lamu East where the total number of valid votes cast was recorded in form 38 C as 13,591 while form 38B had a total of 13,524, a difference of 67 votes.

Albeity said results in 25 polling stations in Lamu East were totally different.

"In Kiangwe Primary School, the number of registered voters was 213 but as the IEBC recorded valid votes cast as 260," the petitioner says in his affidavit.

The returning officer described the errors as typographical.

Senator Loitiptip, in his testimony on Thursday, said he saw form 38B at the county tallying centre but was not provided with the one filled by the IEBC.

He blamed the electoral commission for not issuing him with the form 38B.

"I never bothered to go for form 38B but I saw it at the county tallying centre," the legislator said.

Loitiptip told the court his agents signed the form but upon checking, they realised the fone used at the tallying centre was not signed by his agents.

Albeity of Wiper Party claims the final results announced by IEBC were erroneous, wrong and were tampered with.

He said due to the irregularities which IEBC confirmed, the court should nullify the elections and declare fresh senator polls in Lamu county.

Albeity argued that at the time the results were announced by IEBC, he was leading with 196 votes yet the commission declared Loitiptip the winner.

He said there were no agents for his political party in 50 polling stations.

In Bwajumwali, he said an IEBC clerk was arrested for allowing 16 people to vote without being verified by the KIEMS kit against the elections law.

The petitioner's lawyer told the court that following the two testimonies, he wishes to renew his application for scrutiny and recount of votes.

Lady Justice Ongeri granted the prayer asking the petitioner to file his intended application together with written submissions.

She also ordered the respondents to file their submissions ahead of the December 1 hearing.

Also read:

WATCH: The latest videos from the Star