, NAIROBI, Kenya, May 17 – Former Nairobi Mayor George Aladwa will call 35 witnesses during the hearing of the Makadara constituency election petition.
Aladwa, who is represented by lawyer Cecil Miller, is challenging the election of Benson Mutura Kangara.
Mutura on his part told Justice Richard Mwongo that he intends to call 27 witnesses to defend his victory in the March 4 General Election.
The Independent Electoral and Boundaries Commission (IEBC) which conducted the election is a respondent in the case which will be heard in June.
During the pre-trial hearing, Aladwa who contested on an Orange Democratic Movement (ODM) ticket maintained that the poll in Makadara constituency was not carried out within the framework of election rules.
His lawyer Cecil Miller argued that the counting and tallying of the votes cast was embroiled in massive irregularities and that it was an inaccurate representation of the will of the constituents.
Miller insisted that the number of votes garnered by the eight candidates in the race was not conclusively ascertained.
In his petition, Aladwa wants the High Court to nullify the election of Mutura and order a by-election based on the various irregularities cited.
Aladwa says that form 36 which was used to declare Mutura the winner was not signed by the Returning Officer as required by law.
“Form 36 does not bear the stamp and mark of IEBC as required by law and this also rendered the declaration of result a nullity,” Miller argued challenging results declared by constituency Returning officer Florence Kwamboka.
Kwamboka declared Mutura the winner with a margin of 1,565 votes against Aladwa.
In his list of irregularities, Aladwa has also alleged that electoral officials issued some voters with more than one ballot paper in several polling stations.
He has further accused the Returning Officer of failing to furnish his polling and tallying agents with duly signed copies of form 35 indicating election returns from the centres in the constituency.