The hearing of an election petition appeal filed against Nyamira Governor John Nyagarama has kicked off at the Kisumu Court of Appeal.
The appellant My Nyambati through his lawyer Osoro Mogokoyo want the court to overturn Governor Nyagarama's victory.
The proceeding is being heard by a three-judge bench from Nairobi.
Senior Counsel Fred Ngatia appearing for the petitioner, has claimed that there was massive votes stuffing in more than 36 polling stations.
He cited Nyagokiani Primary school where there were 132 unexplained votes. Ngatia argued that according to the IEBC, the voter turnout was 400 but total number of votes cast was 532.
He blamed the High Court judge who threw out the petition for being ''insensitive".
"The judge conceded that there were irregularities but threw out the petition on the basis that Nyambati did not show how massive they were," he stated.
In his submission, Ngatia further noted that irregularities shifted the burden of prove from Nyambati to IEBC.
On their part, the accused pressed upon the court to dismiss the appeal on grounds that it was not properly filed.
The accused also noted that that the appellant has been very inconsistent in the case.
"In the High Court, the petitioner claimed that there were irregularities in 24 polling stations, but now the number has increased to 36," the defendant;s lawyer said.