Nairobi Governor Evans Kidero yesterday asked an election court to uphold his victory saying a scrutiny of votes cast confirmed that he actually garnered more votes than what was announced by the returning officer.
The governor who was making his final submission in a petition filed against him by former Embakasi MP Ferdinand Waititu, told the court that a few irregularities discovered after the scrutiny do not affect the outcome of the election.
He asked Justice Richard Mwongo to declare that he was validly elected in the March 4 polls.
A recount and scrutiny of ballot papers in four major constituencies in Nairobi county’s governor votes showed that there were a few discrepancies in forms 35 and 36.
Mwongo ordered the scrutiny and recount of votes cast in Mathare North and a few streams in Embakasi North and South constituencies.
The report tabled in court showed that a number of polling stations had a variance in total number of valid votes for each candidates, which were contained in the Forms 35.
“The court has scrutinised the results and confirmed that the irregularities do not affect the outcome of the election," said Kidero's lawyer Jeremy Okonjo.
“The net effect of the courts verification is that while Waititu gains 97 against Kidero, the governor gains 828 votes. Kidero won by a margin of 731 votes,” said Okonji
Waititu, however, said the court ought to nullify Kidero’s election because the scrutiny proved there were discrepancies.
He said the election was marred by massive irregularities in several polling stations with some showing the votes cast were more than the number of registered voters.
Mwongo said he will notify the parties of the day he will issue judgment.
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