Mombasa Law Court. The court has issued orders to recount votes of 81 polling stations in Changamwe constituency. Photo/payne-james.co.uk
The Mombasa High Court on Friday issued orders to recount votes of polling stations in Changamwe constituency, Mombasa County.
Justice Njoki Mwangi made the ruling following a petition filed by Mr Mohamed Abdi Daib who was vying for Changamwe parliamentary seat on a Jubilee Party ticket but lost to ODM’s Omar Mwinyi.
Mr Daib in his petition wanted the court to order a probe into why there are two different reports on Forms 37B on how many votes were garnered in Changamwe during the August 8 General Election.
Justice Mwangi in his ruling ordered for the scrutiny and recount of votes in 81 polling stations in Changamwe constituency saying that there was variance in the results at the Independent Electoral and Boundaries Commission (IEBC) portal and the results declared on the forms.
Justice Mwangi however declined to issue orders for scrutiny in polling stations where the votes were not stamped by the IEBC ruling that it was not a legal requirement for IEBC to stamp form 35As.
The court directed the deputy court register to lead the exercise of scrutinizing and recounting of votes in 81 polling stations out of 137.
Justice Mwangi ordered that the votes be counted in five days from 16th January to 24th before a report is submitted in court.
Mr Daib through his lawyer Gikandi Ngibuini had filed the application for the probe alleging fraud on the forms in question adding that details of the deputy presiding officers and presiding officers including their names and signatures missed in some of the form 35As.