The high court has ordered scrutiny and recount of votes for Embakasi South member of National Assembly in a petition filed by ODM’s Sumra Irshadali Mohamed.
While delivering the ruling, Justice Grace Nzioka directed that the exercise shall be carried out under the supervision of the Deputy Registrar and presence of all the parties in the petition.
“The exercise shall be carried out in the presence of all parties and they are allowed to nominate at most two agents to be present,” ruled Justice Nzioka.
The judge said that scrutiny and recount are suitable for small margin difference of result as it is with the petitioner Sumra and the second respondent in the petition MP Julius Mawathe.
Through lawyers Francis Moriasi and Evans Ondieki, Sumra told the court the results in forms 34A, 34B and those in the IEBC portal are different.
Tampered with ballot box
While addressing the media after the ruling, Mawathe alleged that Sumra has already tampered with the ballot boxes as seen in a video on social media.
He said according to the video which has been presented as an exhibit in court, Sumra had access to the boxes for more than two hours.
The MP who vied on a Wiper Party ticket said the same boxes tampered with are the ones the petitioner wants to be scrutinized.
In the petition, Sumra who vied on an ODM ticket says that the Embakasi South MP elections were not free, fair and transparent.