blow to lamu west mp Stanley Muthama as court nullifies his election

blow to lamu west mp Stanley Muthama as court nullifies his election

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BY CORRESPONDENT,MALINDI,21ST FEB 2018-Lamu west member of parliament Stanley Muthama has suffered a major blow after a high court in  Malindi nullified his election.

 The petition was filed by ODM candidate Rishad Amana.

Stanley Muthama of Maendeleo Chap Chap was declared the winner in the August election after garnering 11,090 votes against the petitioner who got 10,950.

Lamu West has 51,559 registered voters.

Amana went to court to petition Muthama’s win on grounds there were inconsistencies in the tallying of votes.

Justice Weldon also referred the Returning officer and his deputy to the Director of the Public Prosecution to be investigated and charged if it was proved they were involved in malpractices.

The Judge, in the ruling that took one hour and 16 minutes declared that Lamu West constituency August 8 elections contravened the constitution.

The issues that led to the nullification of the election were the discrepancies in the entries of form 35 A and form 35 B.

Justice Korir said the petitioner submitted that there were discrepancies in the results in form 35 A  emanating from the polling stations and form 35 B generated by the IEBC returning officer for Lamu West constituency at the tallying centre.

He said the petitioner zeroed in on Lamu Fort hall polling station no 1 of 5 and submitted that the petitioner’s results were reduced by 63 votes while Muthama’s votes were inflated by 28 votes.

“The petitioner clearly brought out the issue of suppression and inflation of votes to his disadvantaged by averting at paragraph 77 of his affidavit sworn in support of the petition,’’ said the Judge.

The judge said for an election to be nullified it must have erroneous errors when mistakes turn out to be a malpractice and not caused by human error.

“Mistakes do not and should not favour, give favours to anyone, in this case, there were multiple errors due to malpractices of the errors,’’ the judge ruled.

The court found that the election was marred by massive irregularities.

Giving his  ruling, Justice Weldon Korir ordered the IEBC and Muthama to pay Sh3 million in costs.

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