Court to decide on former mayor’s case tomorrow

By Lucianne Limo

Former Nairobi Mayor George Aladwa will know his fate tomorrow when a court will deliver its verdict in an election petition he filed against Makadara MP Benson Kang’ara.

Aladwa (pictured) had asked the court to nullify the election of Kangara on grounds that poll was marred with irregularities.

A witness who acknowledged to voting twice during the hearing of the petition was jailed for two years. Justice Richard Mwongo ordered that Daniel Nyakundi be arrested on his own admission of guilt and investigations be carried out immediately.

He was thereafter charged at the magistrate’s court where he pleaded guilty to the offence.

Aladwa, who was Kang’ara’s closest rival said several polling stations posted results that indicated that votes cast were more than registered voters.

“Kang’ara was not duly elected as MP for Makadara constituency and the declaration that he was validly elected is null and void,”Aladwa said in his petition.

The former mayor prayed the court to either declare him the winner or order a repeat of the elections.

In his petition, Aladwa contends that the entry of total votes cast, rejected and valid votes in the summary results issued by the returning officer do not tally thereby making the entire process invalid.

Not signed

“The total cast votes are indicated as 89,152 and the rejected votes were 786, therefore, the total valid votes ought to be 88,366 and not 87,618 as indicated,” he said.

In the election petition, the former civic leader, further said the Form 36 which was used to declare the final results was not signed by the returning officer and did not bear the stamp of the electoral body.

“The form 36 was also not signed by myself, or my chief agent, Kennedy Okaka as required by law,” he added.

Aladwa cited an irregularity in Dr Krapt Primary School where registered voters were 4,557 yet the total number of votes cast at the polling station shows 4,651.

At Bahati Primary School, Aladwa claimed that the total valid votes were 558 yet the total number of votes garnered by the candidates was 568 showing an inflation by ten votes.

Kang’ara garnered 37,644 votes against Aladwa’s 36,079.