ODM Party candidate Steve Mbogo has asked the High Court to order the Independent Electoral and Boundaries Commission to conduct a fresh election for the Starehe Constituency parliamentary seat.
Mbogo, who came second in the election after Jubilee’s Charles Kanyi Njagua aka Jaguar, told the court on Tuesday that the IEBC failed to conduct a free and fair election on August 8.
“I am aggrieved by the said declaration and believe that the member of National Assembly election was riddled with grave breaches of the 2010 Constitution of Kenya and applicable Electoral Laws,” said Mbogo.
Mbogo was testifying in a petition he filed challenging the election.
He claimed that the entire electoral process; voting, counting, tallying and declaration and issuing of results for the Starehe Constituency parliamentary seat was done in strict conformity of the law.
“IEBC and Charles Njagua acted in contravention of Article 35 of the constitution of Kenya,” he added.
Further, he testified that after reviewing forms 34B and 35B and other results declaration forms used in the election, he discovered that the results declared by IEBC had massive numeric discrepancies that affected the final results to the Jubilee’s candidate.
On Monday, Mbogo’s chief agent, Dr. Nyangwasi Oduwo, who was the first to testify before the court, claimed that the Starehe Constituency election was marred by numerous electoral malpractices.
Oduwo said he scrutinized various forms 35As received from various agents across the polling station, adding that he found anomalies in 160 forms out of the 253 forms he went through.
He claimed that forms 34A were not signed by the Presiding officer and Deputy Presiding officer.
“Some forms lacked official commission stamp and duplicated Forms 35As,” said Oduwo.
Furthermore, he claimed that there was a variance between forms 38B and 35B.
Oduwo said that forms 38B submitted by the 1st respondent indicate that results from Nairobi South Ward within Starehe Constituency showed a total of 24,243 votes were cast yet in form 35B the total votes cast for the same ward in the same constituency was 24,272.
He said that this indicated a variance of 29 votes.
The hearing of the case is still ongoing.