- Mr Mahmoud is challenging the election of Omar Mwinyi of ODM party.
- The court also allowed the scrutiny and recount in 21 polling stations where variances were noted in serial numbers.
The High Court has ordered recount and scrutiny of voting materials in 80 out of 137 polling stations in Changamwe constituency, Mombasa.
Justice Njoki Mwangi ordered that the exercise be done between January 16 and January 20 by the court’s deputy registrar and a report filed in court by January 24.
The Judge ruled that the petitioner, Mr Mohamed Mahmoud and his witnesses raised claims of massive irregularities and illegalities that warrant the court to order scrutiny.
She further indicated that in considering the application for scrutiny, an election court has to be satisfied with the evidence of the petitioner to establish whether there were irregularities in the election process and mistakes on the part of election officials.
The Judge said the applicant provided evidence showing glaring variances of votes declared in favour of the president, governor, senator, woman representative and MCA in the constituency compared to what had been posted on the Independent Electoral and Boundaries Commission (IEBC) portal.
She observed that doubt on such variances can only be put to rest through vote scrutiny and recount in the 80 polling stations in view of claims that some IEBC clerks issued more than one ballot paper to voters.