- She said the matter was recorded in the polling day diary.
- Mathira MP Rigathi Gachagua has suffered a blow after court rejected his application.
A returning officer on Friday admitted at the High Court in Mombasa that polling clerks posed as Jubilee and ODM agents and signed a result form at a polling station in Changamwe constituency.
Aisha Abubakar said two clerks signed Form 35A which was used to record results of the National Assembly election as Jubilee Party agents, while one signed as an ODM agent at Chaani Primary Primary School.
She said the matter was recorded in the polling day diary.
Asked by lawyer Gikandi Ngibuini, who is representing Mahmoud Mohamed Ali in a petition against the election of Omar Mwinyi as Changamwe MP, why the results of the polling station formed part of the final tallying, she said that was a mistake.
“It should not have been tallied,” said Mrs Abubakar in reply to Mr Gikandi’s question on the validity of such results.
The returning officer was testifying before Lady Justice Njoki Mwangi.
She also admitted that there were two cases of voters being issued with more than one ballot papers at Mikandini Primary School polling station and Bokole Primary School polling station.
The returning officer said prompt action was taken against the clerks and the voters but admitted that she could not rule out the possibility that other earlier cases had not been stopped.
She further testified that one case was not immediately brought to her attention until the final tallying a the constituency tallying centre.
Meanwhile, in Nyeri, Mathira MP Rigathi Gachagua has suffered a blow after court rejected his application to dismiss a petition challenging his election.
Justice Jairus Ngaah of Nyeri High Court dismissed the MP’s claims that he would be prejudiced since the petitioner, Michael Gichuru, had introduced new evidence in the case.
The court objected to reports that Mr Gichuru had gone beyond an opportunity granted to him to rectify mistakes in the petition like typographical errors.