The IEBC has defended a High Court decision which ratified the election of Migori Governor Okoth Obado.
This follows an election petition appeal filed in court by former Rongo MP Achilo Ayako who ran in the Migori gubernatorial race but was edged out by Obado.
Ayako claims that the election which gave victory to Obado was shrouded in gross violation of the electoral laws, for instance, alteration of a number of votes, non-use of polling station diaries, and votes casts exceeding the number of registered voters.
Through its lawyer Eva Katiti, the IEBC argued that most of the errors which were established during and after the balloting exercise were inevitable human errors synonymous with any electoral process.
Katiti stated that out of 826 polling stations, Ayako only identified Rongo where he claimed alterations were made on results.
"Indeed, transposition errors happened in Rongo. However, none of the two contestants either gained or lost any votes owing to the errors,” stated Katiti.
The counsel for the IEBC argued that even if the errors affected the votes, they could only have impacted on a maximum of 700 votes.
“Considering the margin of victory which is over 80,000 votes, the petitioner is far from anywhere close to demonstrating how the errors changed the electoral terrain against him,” IEBC's lawyer submitted.
However, according to Roch Odhiambo and Nyamori Nyasimi; the advocates of Ayako the errors committed by the IEBC were intentional.
They claimed that the errors were widespread in all 826 polling stations, but Justice Hillary Chemitei struck away the evidence and turned a deaf ear to the pertinent issues.
“He even declined to grant our request for scrutiny of results. If this was granted, more evidence would have been unmasked to show how the poll agency and Governor flouted electoral laws,” stated Nyasimi.
The duo also claimed that Governor Obado took part in bribery of voters where he distributed motorbikes to a section of residents of Awendo.
“We find that the judge never granted us an audience and this made him come to a conclusion which was unfair,” stated the duo.
Roger Sagana, the advocate of Governor Obado, however, took a jab at the assertions of the petitioner on bribery stating that the petitioner was unable to demonstrate whether those who received the said gifts were registered, voters.
“They were not brought to testify before the court and no one has since then ever complained of having been compelled to vote for Obado after receiving the motorbikes,” stated Sagana.
The petition was presided over by Justice Stephen Gatembu, Justice Kithurima M’Inoti and Justice Asike Makhandia.
They ordered that the judgement of the appeal will be given on July 27 this year.