Ghost voters gave Chris Obure win, court told

By Robert Nyasato

Kisii, Kenya: The hearing of an election petition against Kisii Senator Chris Obure commenced on Monday.

The petitioner Charles Mogere punched holes in the March 4 electoral process.

Mogere said the election process in Kisii County was not accurate and verifiable and therefore failed to meet the constitutional threshold.

He told the election court sitting in Kisii that there were glaring discrepancies in the posting of forms 35 from the polling stations and forms 36 that were used by the County Returning Officer (CRO) Shem Nyang’au to declare final tallies.

The petitioner, a businessman who was chief tallying clerk for the Peoples Democratic Party candidate in the disputed polls Omingo Magara, told trial judge Ruth Sitati that it was the responsibility of the constituency returning officers to ensure accurate posting of results but that never happened.

Posting of tallies

“I personally made an objection to the posting of tallies at the county tallying centre but the CRO told me to rest my protests and we meet in court…that is why I am here,” he testified as Obure pensively followed the proceedings.

He submitted that from his analysis based on informed sources from the Independent Electoral and Boundaries Commission agents in the election and his observations, 10,322 votes from seven of the nine constituencies could not be accounted for in the final tally used to declare the winner.

Only Kitutu Chache North and Nyaribari Masaba constituencies have not been cited in the petition as having had anomalies in tallying.

Mogere said at Manyansi Polling Station, Magara was allocated 231 votes in Form 35 but in the final tally, it was entered as 23 votes in Form 36, a margin of 208 votes.

In total, the petitioner said Obure got more votes from the wrong postings than other candidates of 719 votes.

“The excess votes whose origin remain unknown were unlawfully factored in the final tally to the advantage of Obure,” he charged.

In cross-examination, Chacha Odera took Mogere to task.

The lawyer questioned Mogere if he knew the electoral procedures and when a recount was to be demanded. Although Mogere asked for a recount of votes at the county tallying centre, Odera told the court that such a demand was only allowed at the polling station.

Mogere was pinned down as to why he chose to make a verbal complaint as opposed to a written protest as provided for by law.