An ICT expert has told a Nairobi Court that there were massive anomalies in 160 form 35A’S in the Starehe Parliamentary election that saw Charles Njagua alias Jaguar declared winner.
During his cross examination, Nyangasi Oduwo told Justice Fred Ochieng court that upon scrutinizing 181 form 35A’s , he found massive anomalies in 160 form 35As.
“Some of the forms did not bear the signature of the presiding officer while others lacked the official stamp of the IEBC,” the expert told the court.
Oduwo added that there was a variance of over 2000 votes as recorded in forms 34B’s and 35B’s in the constituency.
The matter will continue tomorrow after being adjourned because the petitioners wanted to play a video as evidence in court while the person responsible for the download was absent.
The Independent Electoral and Boundaries Commission (IEBC) had been ordered to file to avail all Forms 35A and Forms 35B and the SD cards for Starehe Constituency Nairobi County.
In the petition, businessman Steve Mbogo is seeking to nullify the election of Starehe MP Charles Njagua on grounds that the election was marred by massive irregularities.
Through lawyer Anthony Oluoch, 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.