Court orders scrutiny of forms in Governor Twaha's election
Former Lamu Governor Issa Timamy at the Malindi High Court. He filed a petition challenging the election of Fahim Twaha as governor. FILE PHOTO | NATION MEDIA GROUP
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 against Timamy’s 22,848.
