Officials used manual transmission on senatorial votes
The IEBC officials in Kirinyaga County used manual transmission of the Senatorial votes since they did not have the KIEMS kits, a petition court has been told.
The Court sitting in Kerugoya heard that since the KIEMS gadgets had been taken to Nairobi for configuration, the transmission had to be done manually from the polling stations to the Sub-counties and eventually to the County tallying centre.
The electoral body told Justice Abigael Musila that it received a court order to include a candidate, Karimi Karubiu a week to the August 8 general elections after the gadgets has already been taken to Nairobi.
Through its lawyer, Charles Mwongela, the IEBC exonerated itself from the blame by the petitioner Daniel Karaba that it had deliberately resorted to the manual transmission of the results to rob him of victory.
“Having been served with an order by the High Court to include the candidature of Karimi Karubiu a week to the general elections when the KIEMS kits were already in Nairobi for configuration made it impossible to use electronic transmission of the senatorial results for Kirinyaga County,” Mwongela submitted.
Karaba who was defending his seat on a Jubilee ticket lost to the little known, Charles Kibiru who ran as an Independent candidate has moved to court seeking orders to have a vote recount upon which he should be declared the winner.
He claims that the results the IEBC announced were inaccurate as they were in favour of Kibiru whom he allegedly beat in the August 8 general elections.
Through his lawyers, Kibe Mungai and Thinji Miano, Karaba claimed the result posted on Forms 38A and 38B were manipulated to favour Kibiru.
He applied to the court to have these forms produced for verification and authentication claiming that the said manual counting of votes in most of the polling stations was done in the absence of his agents.
Mungai told the court the only way to ascertain that Karaba was the winner of the challenged election was to carry out a recount of votes in all the area 599 polling stations.
But Kibiru’s defence team comprising of Elisha Ongoya and Lillian Manegene opposed the application maintaining the process was tedious and time wasting as there were other options to determine the disputed results.
Ongoya told the court the difference in vote margin (16,996) between Karaba and Kibiru was very substantial to make any difference even if a recount were to be ordered.
During the disputed polls Kibiru garnered 147,925 votes while the petitioner obtained 130,925 votes. The court deferred the ruling of the recounting application.
The matter will be further mentioned on Friday when pre-trial conference issues will also be determined and agreed upon by the parties.
By Irungu Mwangi