NAIROBI, Kenya Apr 5 – Former Nairobi Mayor George Aladwa wants the High Court to nullify the election of The National Alliance (TNA) candidate Benson Mutura as Makadara MP saying his win was fraudulent.
Through his lawyer Cecil Miller, Aladwa who contested the seat on an ODM ticket claims that there were numerous irregularities during the election.
In his petition, the former civic leader alleges that the March 4 General Election in Makadara constituency was not carried out in accordance with the provisions of the Election Act 2011.
Aladwa has named Mutura as the first respondent, Florence Kwamboka who was the Independent Electoral and Boundaries Commission (IEBC) Returning Officer in Makadara constituency as the second respondent and the IEBC as the third respondent.
In his petition, Aladwa claims that the tallying and counting of votes was marred with irregularities and was inaccurate.
According to the electoral agency, Mutura beat Aladwa by a margin of 1,565 votes.
He also says that Form 36 which was used to declare the final result was not signed by Kwamboka as required by law.
The loser also alleges that electoral officials issued some voters with more than one ballot for MP in several polling stations.
Mutura garnered 37,644 votes against Aladwa who polled 36,079.
The Constitution and the Elections Act, 2011 provides that an election petition challenging the election of a member of the National Assembly or a County election shall be heard and determined within six (6) months of the date of lodging the petition.
The Elections (Parliamentary and County Elections) Petition Rules 2013 allows judges who will preside over election petitions after the March 4 General Election to declare a winner after a recount of ballot papers in court.
This is a departure from the past where the courts had no option but to order a by-election even after a re-count showed clearly who had won.