Nyali MP Mohammed Ali in Court, January 17, 2018. [Photo/Kevin Ijanga]
An election petition against Nyali MP Mohammed Ali continues in court after Wednesday's session.
The last witness in the case, Mwanajuma A Gandani (Nyali Returning Officer) testified, with the petitioner's lawyer, Mohammed Balala cross-examining her.
Balala focussed on quantitative aspect during tallying and voting day (number of seals given, reflectors, badges, ballot papers and vote counting).
Mohammed Ali's lawyer Chacha Odero during his cross-examination of the witness reminded Balala that their petition against IEBC touched on thematic areas which include discrepancies in polling/station; display of campaign materials on election day; and failure of BVR most of the time.
He reminded Balala that their petition did not challenge the counting and results announced by IEBC neither did it ask the court to recount or re-tally the votes.
According to Chacha added, no single affidavit by the petitioner's side challenged the votes Mohammed Ali got.
In the petition, IEBC is represented by lawyer Tony Odera in the case being heard by Justice Lydia Achode.
Ali was also cross-examined by lawyer Balala during the hearing, where he said he applied for police protection on April 21, 2017, before the Orange Democratic Movement party nominations.Ali who vied as an independent candidate said he moved around different polling stations in a convoy of a few vehicles to monitor the election exercise."I adhered to the election code of conduct. None of my agents reported any problems,'' he said.
The petition was filed by a voter in Nyali, Dan Abwao. He wants the election nullified and an order issued for fresh elections within the time permitted by the law.