Lamu senator election was flawed, call a fresh one – Hassan Albeity
Mr Hassan Albeity. He has filed a petition for the recount of votes cast in the Lamu senator contest. PHOTO | FILE | NATION MEDIA GROUP
What you need to know:
- Mr Hassan Albeity (Wiper) lost the senator election on August 8 to Jubilee's Anwar Lotiptip.
- Mr Albeity says there were irregularities in the election and the court should order a fresh one.
Hassan Albeity, the former chairman of the defunct Lamu County Council, wants the High Court to scrutinise and recount votes cast for the senator position in all the county’s polling stations.
Mr Albeity (Wiper), who lost the August 8 election to Mr Anwar Lotiptip of Jubilee Party, said the election was not free and fair and urged the court to order a fresh senator election.
AGENTS
Through his lawyer Yusuf Aboubakar, he argued that the Independent Electoral and Boundaries Commission (IEBC) denied him the constitutional right to appoint one agent per polling station during the election.
“Failure by the respondent to allow the petitioner to appoint an agent at every polling station breached the right to an impartial and transparent election,” he told Justice Asenath Ongeri.
In his petition, Mr Albeity claims that Forms 38A of nine polling stations were not signed by the presiding officers and their deputies and they were not stamped.
In his affidavit, Mr Albeity has said that he witnessed presiding officer Daniel Kazungu Karisa from Dide Wa Ride polling station filling Forms 38A at the county tallying centre contrary to the election process.
He further claimed that an IEBC clerk at Mbwanjumwali polling station was arrested for allowing 16 people to vote without being verified by the KIEMS kit, which is a grave election offence.
RULING
But the IEBC and Mr Lotiptip, through lawyers Tiego Ongonya and Mr Benjamin Binyenya, opposed the application, saying it has been filed outside the 28 days as stipulated by law.
Mr Binyenya argued that the petition does not question the August 8 general election results that declared Mr Lotiptip the duly elected senator of Lamu.
He said that the issue of not having agents at each polling station should be addressed through the Wiper party tribunal and not before such an election court.
“We urge the court to dismiss the application with costs,” said Mr Binyenya, adding the petitioner has no right to respond to the respondents herein.
The court will rule on the vote recount on November 3.
