In Summary
  • Defence lawyers queried the authenticity of testimonies by the petitioner’s witnesses.
  • Justice William Musyoka ruled that the application was defective.

Former Kisumu governor Jack Ranguma has asked the court to order an audit and recount of all votes cast for the governor’s seat in the August 8 General Election.

In his application in a case in which he is contesting the election of Prof Anyang’ Nyong’o, Mr Ranguma argued that massive electoral malpractices were committed by the electoral commission and Prof Nyong’o to doctor the final results.

Through his lawyer Richard Onsongo, Mr Ranguma insisted that the polls were not free, fair, credible and transparent.

WITNESSES

“There was tampering with ballot boxes,” Mr Onsongo told the High Court sitting in Kisumu. “My agents were kicked out of polling stations and some Forms 37A were not signed by the presiding officers of various polling stations.”

He added: “The electoral process was adulterated to favour the third respondent (Prof Nyong’o).”

However, defence lawyers queried the authenticity of testimonies by the petitioner’s witnesses.

Through his lawyer, senior counsel James Orengo, Prof Nyong’o asked Justice David Majanja to dismiss the application saying it lacks merit, terming it a “fishing expedition” by the petitioner.

Mr Orengo, who is also the Siaya senator, said there was nothing tabled before the court to prove claims by Mr Levy Otieno Oduor.

On Wednesday, the information and communication technology expert, who claims to be an employee of Safaricom, stunned the court when he said he hacked the IEBC server and found that the commission aided Prof Nyong’o in rigging the elections.

AFFIDAVITS

Mr Orengo said that, in his affidavits, the petitioner failed to link any of the 1,027 polling stations in the county to electoral malpractices.

Elsewhere, the hearing of a petition challenging the election of Vihiga Governor Wilbur Ottichilo was put off after the petitioner and his lawyer failed to show up at the Kakamega High Court.

Justice Ruth Sitati allowed an application for the hearing to be adjourned to Friday but warned that the court would not entertain any further delays in the matter.

Meanwhile, the High Court sitting in Embu has dismissed an application by Governor Martin Wambora to strike off a petition lodged by former senator Lenny Kivuti challenging his election.

Justice William Musyoka ruled that the application was defective as the documents in its support were filed irregularly.

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