Officials of the Independent Electoral and Boundaries Commission have admitted committing malpractices in the Homa Bay gubernatorial election on August 8.
In a case in which the victory of Homa Bay Governor has been challenged in court, Suba South Constituency Returning Officer Shaolin Miguran and his Rangwe counterpart Ezekiel Juma admitted using ‘results’ from non-existent polling stations as well as mixing ballots for presidential votes with those of governors.
Mr Juma confirmed that votes of presidential candidates were awarded to gubernatorial candidates and those of governors given to presidential contenders.
In Nyakwadha Primary School Polling Station, President Uhuru Kenyatta’s single vote was issued to the petitioner Oyugi Magwanga while Nasa leader Raila Odinga’s 328 votes were issued to Governor Cyprian Awiti.
‘GHOST’ POLLING STATION
In his defence, Mr Juma argued that the clerk erroneously entered the results and that it was not deliberate. “Our clerk made wrong entries by mixing presidential and gubernatorial results,” said Mr Juma.
In Suba South Constituency, the Commission added results from a non-existent polling centre known as Sindo Main Beach Banda to the final results of the constituency, thus affecting the final tally.
Mr Magwanga’s lawyers Andrew Muma and Humprey Obach in a cross examination of the returning officers argued that the mistake and other irregularities across the constituency and the county affected the overall results of the gubernatorial race in the county. “The glaring mistakes by the commission affected the over results of the gubernatorial race,” said lawyer Obach.
But the IEBC, despite the admission asked for the petition to be dismissed and the petitioner charged with forgery should it be found that he doctored results and forms from the commission.
The returning officers also claimed Mr Magwanga never complained against any electoral offence they witnessed during the voting period. “I did not receive any complaint against electoral offences from the petitioner because the declaration of the results was done in accordance with the law,” said Mr Juma.
Two electoral agency’s returning officers while testifying in a cross examination by Mr Awiti’s lawyers claimed Mr Magwangs forged the commission’s electoral results he presented before the court.
‘ALTERED RESULTS’
Rangwe Constituency Returning Officer Ezekiel Juma and his Suba South counterpart Mr Shaolin Miguran said the former lawmaker altered results and forms of the commission in his favour.
In a cross examination by lawyer Fredrick Orego for the IEBC and Tom Ojienda for Mr Awiti, the returning officers claimed that Mr Magwanga doctored results and forms from the commission he presented as part of his evidence in court.
“Mr Magwanga has actually deducted votes of Mr Awiti and added them to his votes. This is electoral fraud according to the commission,” said Mr Miguran.
Mr Miguran mentioned Olando, Uterere and Mukende polling centres where Mr Magwanga deducted Mr Awiti’s votes to his favour. “In Olando Primary School Polling Station, it is true that Mr Magwanga has reduced Mr Awiti votes by 100 and added himself 100 votes,” said Mr Miguran.
Mr Miguran said forms presented to the court were not copies of the original forms in custody of the commission. “Forms in the petition are not our original forms.They are not from the electoral commission,” said Mr Miguran.
DISMISS CASE
According to Lawyer Ojienda, the forms presented by Mr Magwanga to court are products of crime and the court should dismiss the case and charge the former lawmaker should he be found guilty. “The forms presented by Mr Magwanga are a product of crime. This case is a waste of time,” he said.
Lawyer Ojienda also claimed that some forms presented by Mr Magwanga to court were either not legible or feasible. However, the commission agreed it committed several mistakes in its tallying of results. the returning officers revealed that Mr Magwanga doctored results and forms from the commission he presented as part of his evidence in court.
“Mr Magwanga has actually deducted votes of Mr Awiti and added them to his votes.This is electoral fraud according to the commission,” said Mr Miguran.