Flamboyant businessman Steve Mbogo has told court that most of his agents were not given IEBC budges and were therefore unable to access Forms.
While giving his testimony in his petition challenging the election of Charles Njagua, Mbogo told the Justice Fred Ochieng’ that some parts of forms 36A’s were not legible, perhaps because there were no entries.
Mbogo said that the ‘Fresh presidential election that appears in his petition was just a typing error as he meant ‘Fresh National Assembly elections’ for Starehe Constituency.
He told the court that he is praying that IEBC be ordered to conduct fresh elections for the Starehe National Assembly seat in conformity with the law and the Elections Act.
Justice Ochieng’ had directed the Independent Electoral and Boundaries Commission (IEBC) to deliver the SD cards which have KIEMS kit data for Starehe Constituency.The judge also directed IEBC to deliver forms 35A and 35B used during the August 8th election in the constituency.
In the petition, Mbogo is seeking to nullify the election of Starehe MP Charles Njagua on grounds that the election was marred by massive irregularities.
Through lawyers Anthony Oluoch and Edwin Sifuna , Mbogo claims that the IEBC selectively manipulated, engineered and distorted the votes cast and counted particularly in favour of the third respondent thereby affecting the final results tallied.He further claims that in a substantial number of instances, the IEBC grossly inflated the National Assembly votes cast in all six wards of Starehe Constituency in favour of the third respondent thereby affecting the final results.
Through lawyer Anthony Oluoch, Mbogo claims that several forms 35 A’s were not signed adding that the parliamentary election was not conducted in accordance with the Constitution and Election laws.
He added that he has evidence that there was systematic interference and manipulation of the results by the Returning Officer causing the systemic manipulation and distortion of the results rendered impossible to determine who actually won the parliamentary seat.