Returning officer for Dadaab constituency has told the court that most of the Forms relied on by the IEBC to declare the winner for the National Assembly seat had no signatures nor IEBC stamps.
While giving his testimony before Justice Rose Ougo, Issack Mohamud, told the court that not all forms had dates and signatures of the presiding and deputy presiding officers.
During cross examination by the petitioners lawyer Mwangi Githinji, the RO confirmed that the figures in Forms 35A differed from those in Form 35B for some polling stations.
In the petition, Jubilee candidate Abdikheir Dubow claims that Dahir who is the elected MP used his relatives as Presiding and deputy presiding officers as IEBC officials to influence his win.
Dubow also alleged that the MP and his agents switched off the lights during the counting of votes adding that some polling stations lacked IEBC clerks making the voting process slow.
The petitioner argues that the election was not free and fair as it was marred with massive irregularities.
He told Justice Ougo that IEBC and the returning officer failed to uphold the law by declaring results on forms 35A and 35B which had not been signed by agents and posting nonexistent and false results.
The IEBC gave conflicting results where they announced that Dahir received 9915 and later said he got 9,359 which was gazette against 5967 of Dubow.
He also claims the IEBC did not supply him with forms and he tried visiting their offices to get them before filing the petition though he did not write a letter to IEBC asking for the forms.
“Forms supplied to me on November 9 were 54 35A out of 56 polling station and out of them 10 were not clear and the two missing forms were found after court allowed us for scrutiny to get them”, he said.
He wants IEBC ordered to supply them with all original forms which were used to declare results which had not been supplied to them.
