We made errors, IEBC admits

We made errors, IEBC official admits

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A voter displays her inked finger after voting on March 4, 2013. Hitches in technology put in place by electoral commission led to delays in voting in many polling stations as well as tallying of presidential results. AFP 

By JACKLINE MORAA newsdesk@ke.nationmedia.com
Posted  Thursday, July 4  2013 at  20:06

An electoral commission official Thursday admitted in the Kisii High Court that errors were made during the Bonchari parliamentary elections.

Mr Peter Resa, who was the constituency’s returning officer in the March 4 elections, told Justice Ruth Sitati there were double entries at some polling stations.

“My Lady, there were errors of double entry at some stations due to exhaustion by our officers. However, the errors were minimal and would have not affected the final tally,” he said.

Mr Resa was in the witness box as a second respondent in a case in which he and MP Zebedeo Opore have been accused of vote manipulation and alterations by a parliamentary election loser, Mr John Oroo Oyioka, and a voter, Mr Onditi Nyabaro.

He denied allegations he doctored and manipulated the final tally at Suneka tallying centre.

Mr Resa also denied conspiring with Mr Opore to rig the elections. “I did not know Mr Opore until the time I declared him,” he said.

The petitioners, through lawyers Jackson Omwenga and Gilbert Nyamweya, say Mr Resa re-tallied the final results four times with their client leading in the first three rounds.

“Mr Resa re-tallied the figures four times and, in the first three rounds, Mr Oyioka led but he refused to declare him the winner,” said Mr Nyamweya.

Led by Independent Electoral and Boundaries Commission (IEBC) lawyer Charles Rigoro, Mr Resa said Mr Opore won the elections after winning 8,992 votes against Mr Oyioka’s 8,987, a difference of five votes.

He denied allegations that he re-tallied figures four times.

Under cross-examination by Mr Nyamweya, the officer had difficulty accounting for five votes in form 36 which made the difference.

“Mr Resa you are not able to account for the five votes before this honourable court because you were trying to manipulate the elections?” asked Mr Nyamweya.

“I conducted the elections in accordance with the electoral laws,” he responded.

Mr Resa also failed to say when the tallying began or ended. First, he said it started at 10.46 pm on March 4 and ended at 4.48 pm on March 8. He later changed and said it kicked off at 10.46 pm on March 4 and ended on March 5 at about 4.48 pm.

The officer was taken to task why he used two forms 36 to declare the results, claims he denied, saying he was only provided with one form.

When asked by his lawyer whether there were alteration in forms 35 as claimed by the petitioner, Resa said he was not aware of this.

However, Mr Nyamweya took him through forms 35 from various polling stations which showed alterations in results even on his own copies.

Mr Resa also denied that he delegated the declaration of results to Mr Geofrey Agaka, an agent.

The hearing of the petition continues on July 15 and 16.