Wajir Gubernatorial loser Ahmed Abdullahi’s running mate has told the court that IEBC officials opened some of the ballot boxes without any agents present.
In his sworn affidavit, Ahmed Abdikadir attached copies of photographs illustrating the presiding officer and some of the officials opening and some closing the boxes.
In a video played before court, the commission tried to dismiss the arguments alleged to have occurred and at times turned violence in the clip suggesting that the presiding officer could be seen calming agents from all parties.
Abdikadir also told the court that some of the agents did not sign the forms as they are supposed to.
The Wajir Returning officer Patrick Gatuma who also testified in the matter told Justice Alfred Mabeya that the reason why some of the officials did not sign/forgot to sign the forms could be because they were fatigued from waking up early in the morning and staying up till midnight when the results of the gubernatorial seat were to be announced.
He further told the court that it is impossible to transmit results again once the KIEMs have transmitted the results for all the six elective posts hence no possibility for anyone to access the system and doctor the results then transmit them again.
Gatuma added that he announced the results based on the actual Forms 37B’s supplied to them and not the results displayed on the screen.
The Returning officer was however stood down after the commission was granted time to file and serve an application opposing scrutiny of the ballot boxes from being conducted in Nairobi and not Wajir due to logistic reasons.
In a petition the former governor together with Muhumed Abdi are seeking a declaration that the governor elect was not validly elected to the position and that the declaration of the results is invalid, null and void.
Through lawyers Ombati Mwanza and Jesse Oduor, the two argue that Mohamud was not validly cleared as a candidate for the Wajir Gubernatorial position for he did not satisfy the required education requirements.
The former governor argues that the incumbent’s clearance to be a candidate for the position of Governor Wajir County in the August 8th elections was obtained fraudulently on the basis of a forged degree certificate allegedly from Kampala Uganda.
He further seeks an order directing the IEBC to organize and conduct a fresh election in strict conformity with the constitution and elections Act 2011.
The petitioner avers that the returning officer relied on invalid and unauthenticated results from various polling stations to declare the incumbent as the winner of the ‘impugned election’.
The reexamination of the Returning Officer will continue tomorrow.
