Former Trans Nzoia Senator Henry Ole Ndiema at the Eldoret High Court on October 9, 2017. [Photo: Joe Khisa]
Eldoret High Court has ordered for a scrutiny of election materials and vote recount in 11 polling stations that were used in the August 8 Trans Nzoia Senatorial election.
The court had also orders for a re-tally of all results in forms 38B and C.
This is in relation to an election petition filed by former Senator Henry Ole Ndiema challenging Senator Michael Mbito's win.
While issuing a ruling on the application for scrutiny of election materials, Judge George Kimondo said there the petitioner had laid sufficient basis to warrant for the scrutiny orders in 9 polling stations with the court adding two other stations where the third respondent, Senator Michael Mbito claimed results were missing or added to other candidates.
"Margin of votes between two top candidates was a paltry 625 votes and it's a general rule that scrutiny is appropriate where the margin of votes is very low. It is therefore fair and just that a re-tally be conducted," noted Justice Kimondo in his ruling.
IEBC declared Mbito as the winner of the Trans Nzoia Senatorial seat after garnering 71,471 votes against Ole Ndiema's 70,846 votes.
Polling stations that the court ordered for scrutiny and vote recount include Njoro primary school, Nai primary school, Matisi primary school, Salama primary school, Mutua primary school, Muungano primary school, Lukosi primary school among others.
Scrutiny, vote recount, and re-tally exercise will be conducted at any IEBC offices near Eldoret or Kitale town from December 27, 2017, to January 5, 2018.The case will be mentioned on January 16 for further directions from the court.