Court orders vote recount for Trans Nzoia's 131 polling stations

Governor Patrick Khaemba./FILE
Governor Patrick Khaemba./FILE

The High court in Kitale on Friday ordered a recount of votes cast at 131 polling stations in Trans Nzoia on August 8 last year.

This is in the petition filed by two voters - Robinson Simiyu and Alpha Chore, challenging the election of Governor Patrick Khaemba.

The recount was ordered after the governor's lawyer Peter Wanyama questioned the report by deputy registrar on the scrutiny of forms37A, B, and C.

Wanyama cast doubt on the scrutiny report and filed an application for recount of votes at the said polling stations.

He asked the court to allow IEBC conduct the recount under the supervision of the deputy registrar.

The petitioners, through their lawyer Stephen Gitonga, had issued an application for a recount but Justice Anthony Mrima ordered a partial scrutiny of results forms.

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"I'm not undermining anyone but lawyers cannot handle a recount. I suggest it should be conducted by the IEBC," Wanyama told the court.

But Gitonga argued that the Constitution permits only the deputy registrar to conduct a recount.

This was after Wanyama averred that the court official did not conduct the scrutiny, that was ordered in December, in the presence of parties.

"There were threats during the last day of the scrutiny that armed men had planned to attack the centre making the deputy registrar and her officials to leave."

"We were not part of the tallying process, therefore, not sure of the report," Wanyama said.

The report in question showed that some forms37A for the polling stations under study were missing while others were not signed by the presiding officers.

It also emerged that some forms37A were pasted outside the ballot boxes.

Wanyama argued that the discrepancies noticed during the scrutiny do not only affect his client but all candidates.

He also raised question on the deputy registrar report that indicated that there are 643 poling stations in Trans Nzoia instead of 639.

In his ruling, Justice Mrima ordered the deputy registrar to conduct a recount of the valid, disputed, rejected/objected votes.

He also ordered for the deputy registrar to ascertain if there was proper transposition of the entries in forms 37A, 37B and 37c.

Justice Mrima said police in Trans Nzoia will provide adequate security during the exercise. The hearing was set for February 7.

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