MOMBASA, July 4 – The Mombasa High Court has ordered for a recount and scrutiny of all election materials cast in Bura constituency during last year’s general election.,
High Court Judge Justice Festus Azangalala ordered that all ballot papers cast, rejected, void or spoilt be subjected to the exercise.
The judge gave the directions on Friday during an election petition case filed against the incumbent MP Abdi Nassir Nuh, by a Kanu agent who represents the former area MP Ali Wario.
In his ruling, the judge said that no party would suffer any serious prejudice by the recount, which would start at the court premises in two weeks time.
He noted that it was not in dispute that six polling stations had received ballot papers meant for Budalangi constituency, an issue that delayed the voting exercise.
“The right papers were supplied late and voting was extended into the night, a fact that has also been admitted by the election official over the mix up,” said the judge.
Azangalala added that the Returning Officer admitted to have borrowed 100 ballot papers from one polling station to use in another station, and that the transaction was not recorded.
He said there were obvious arithmetic errors in figures on Forms 16 and 17A.
“Without rejecting or accepting the allegations made by the petitioner, and in view of the fact that no party will suffer any serious prejudice, I grant the order for recount and scrutiny,” he said, and added that the exercise would take place in a room designated by the Deputy Registrar, who would supervise the same.
He further ordered that the case be mentioned on July 21 to ascertain the status of the scrutiny.