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October 21, 2018

Court orders scrutiny of forms37A used to declare Ali Roba's Mandera win

Mandera Governor Ali Roba during a past meeting in Parliament. /HEZRON NJOROGE
Mandera Governor Ali Roba during a past meeting in Parliament. /HEZRON NJOROGE

The High court has issued orders for scrutiny of forms37A that were used to declare Mandera governor Ali Roba the August 8 poll winner.

Presiding judge Fred Ochieng' further directed the deputy registrar to supervise the process. The date for the same is yet to be agreed on.

The judge said the scrutiny forms will provide the deputy registrar with relevant information being sought as the petition enters its final stage.

"Whether or not there is either an alteration or a signature on a Form 37 A, is a matter which should be very easy to ascertain," the judge said.

Ochieng' said the court is not abdicating its primary role in the hearing of the petition.

He said the SD cards used at 3 polling stations namely Al-Hidaya, Olla Primary school, and Sukela Tinfa should also be examined.

"Should there arise any issue of fact or of interpretation and the parties fail to find consensus, the issue ought to be referred back to the court," he said.

The petition was filed by Hassan Noor Hassan seeking the nullification of Roba's election on grounds of massive irregularities and illegalities.

The judge had issued similar directions but parties sought a review of the orders saying there were errors on the face of the ruling.

Parties have disagreed on whether each of the forms37A should be signed by both the presiding officer and the deputy presiding officer.

The court had earlier indicated that the information in the SD cards be scrutinised to verify the alleged differences between the declared results and those captured in the forms.

The petitioner has alleged that some forms were not procedurally signed.

The court also ruled that the significance or impact of the lack of either one or both signatures of the presiding officer and the deputy presiding officer must be addressed through the final submissions.

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