The High Court in Mombasa has ordered a recount of votes in 80 polling stations in Changamwe constituency.
Judge Njoki Mwangi on Friday ordered that the Mombasa court deputy registrar heads the recount drive for five days. The recount will run from January 16 to 20.
This was after the Jubilee candidate for the Changamwe MP seat Abdi Daib challenged MP Omar Mwinyi’s victory. He sought recount and scrutiny of the votes.
Daib, through lawyer Ngibuini Gikandi, said there were serious anomalies in the August 8 polls.
Gikandi said the anomalies can only be confirmed by a recount under the watch of the court. Judge Mwangi said it was clear there were alterations of seals on the ballot boxes, which are now in court custody. She said the serial numbers of seals on the forms presented to the court are different from the numbers of seals on the ballot boxes in possession of the court.
Mwangi said seals might have been tampered with. The judge also cited discrepancies in results on Forms 35A used in declaring the winner and those on the IEBC portal.
She said the numbers of those who voted for the President, governor, senator and woman representative differed from the number of those who voted for the MP.
Judge Mwangi said there were missing details of presiding officers and deputies. The judge said it was suspicious why details, such as presiding officers’ names, were missing from documents presented to the court.
MWINYI CHARGED WITH DISTRUBANCE
The judge also said signatures of political parties agents on Form 35C used to declare winners at the polling station were missing. She said the court’s deputy registrar is to present a conclusive report on January 25.
In September, Mwinyi was charged with 10 counts, including violence and causing a disturbance during ODM’s April nominations.
Mwinyi was released on Sh200,000 cash bail after denying the charges before chief magistrate Evans Makori.
The legislator was accused of destroying ballot boxes at Mwidani Social Hall, Mwijabu, Al-inshadi Nursery School and Bomu Primary School polling stations. He was also accused of obstructing presiding officer Ambrose Nguti from executing his duties.
Mwinyi was further charged with harming police officer Agapo Ndwiga as he manned a polling station.
He was booked for harming Athumani Mohammed, an agent of his rival Ali Goshi. The politician pleaded with the court to grant him lenient bail terms considering he was elected.
Through lawyers Jared Magolo and Micheal Oloo, the MP said he is a law-abiding citizen representing more than 50,000 Changamwe residents.