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The High Court in Malindi has ordered scrutiny of all Form
37A in Lamu East Constituency in a case challenging the election of Governor
Fahim Twaha.
Justice Dora Chepkwony also ordered that scrutiny and
recount of ballots from five polling centres be carried out.
The polling stations include, Mpeketoni Youth Polytechnic,
Lamu Port Hall, Mbwanjumali, Kizingitini and Mapenya primary schools.
The judge directed deputy registrar of the court oversees
the exercise and files a report by February 8.
Justice Chepkwony also directed the court to scrutinise the
returning officer’s written statements, voters register used in the election,
copies of results in the disputed stations, packets of rejected and spoilt
ballot papers.
The judge further directed court to scrutinise written
complaints filed by the candidates or agents to the returning officer, written
statements made by returning officer, the polling day diary (PDD) and the
marked copy of voter registry.
She was delivering the ruling in the petition where former
Lamu Governor Issa Timamy (ANC party) who vied for the seat challenged the
victory of Mr Twaha of Jubilee party.
In his petition, Mr Timamy claimed the Mr Twaha’s deputy Mr
Abdikarim Aboud, being a former Lamu East Constituency returning officer
influenced the outcome of election result in favour of Mr Twaha.
During the hearing, Mr Timamy claimed that about 300
registered voters were denied to vote after they were scraped from the Kenya Integrated
Electoral Machine Systems (KIEMS) moments before the Election Day.
He further claimed that Mapenya, Lake Kenyatta, Mpeketoni
Youth Polytechnic, Sinambio, Lake Lamu, Hongwe, Bahahari, Umoja and Muhamarini
polling stations had pre-marked ballot papers.
Mr Timamy has also accused the IEBC of flouting the election
process by allowing some people vote without verification on the KIEMS machines
that affected the outcome of results.
However, the IEBC, Mr Twaha and the County returning
officers have refuted the claims saying the election was free and fair.
They argued that Mr Timamy’s petition lacks factual evidence
and is only based on mere hearsays.
On August 10, Mr Twaha was declared the winner with 22 969 votes (46,57%)
votes against Timamy’s 22 420 votes (45,45%).
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