High court in Nairobi has ordered for recount of votes cast in Embakasi East constituency on August 8 last year.
Justice Joseph Sergon made the order following a petition filed by Jubilee’s Francis Mureithi challenging the election of Paul Ongili aka Hon Babu Owino as MP.
Justice Sergon said that he was satisfied that Mureithi had given sufficient reasons to warrant a recount.
While making his findings, the judge pointed out that the Embakasi East returning officer Nicholas Butuk had admitted in Court that the results he announced did not tally with the ones in the Form 35A and that were many errors in the forms.
Mureithi, represented by lawyer Ham Lagat and Kiragu Kimani, had filed an application for scrutiny and recount of votes cast during last year’s election.
He said the forms were not legible making it difficult to determine whether the results in Forms 35A corresponded with those in Form 35B.
The petitioner said the verification is important as there were errors in Form 35B.
Further, the lawyer told Justice Sergon that the MP admitted in court that he voted in a polling station where he was not registered as a voter.
Lagat said the only way to determine the accurate election results is a recount of votes.