Trans Nzoia senator Michael Mbito receives a certificate from County Returning officer Bilha Kiotugen on August 15, 2017, after he was declared the winner. [Photo: the-star.co.ke]
August 8 Trans Nzoia Senatorial election was marred by massive irregularities and illegalities making it difficult to ascertain who was the winner, former Senator Henry Ole Ndiema has told the court.
While appearing as a witness at the Eldoret High Court on Wednesday, in the petition in which he is challenging the election of Senator Michael Mbito, the third respondent in the case, Ole Ndiema said the election process was not free and fair as the Independent Electoral and Boundaries Commission (IEBC) denied him the right to appoint agents.
He noted that it's only through the scrutiny of KIEMs kits, IEBC portal and other election materials used by the IEBC to declare Mbito as a winner will they be able to tell who won the Senatorial seat.
"Results tallying wasn't done openly and transparently as required by the law. Figures on results forms were changed in favor of the third respondent without any explanation," Ole Ndiema said during cross-examination by his lawyer Paul Nyaosi.
"Results, as recorded in the Form 38C, vary from the ones in the IEBC's portal which begs the question why the difference. This is why we need to do a scrutiny of the materials used in the elections for a true reflection of the will of Trans Nzoia people to be known," he added.
IEBC declared Mbito, a Jubilee candidate as the winner of Trans Nzoia Senatorial seat with a difference of 625 votes after he garnered 71,471 votes ahead of Ole Ndiema of Ford Kenya who garnered 70,846 votes.
However, in the IEBC portal, Mbito is recorded to have garnered 71,307 votes, 160 votes ahead of ahead of Ole Ndiema who had 71,147 votes.
Two other witnesses who claimed to have been the petitioner's agents during the elections also gave their testimonies.
Hearing for the case continues Thursday with four more petitioner's witnesses expected to testify before Justice George Kanyi Kimondo.