NAIROBI, Kenya, Oct 3 – Former Nairobi Governor Evans Kidero says more than 60 per cent of Forms 37A used to declare Mike Sonko winner of the gubernatorial poll in August 8 election had irregularities.
In his suit papers filed to be enjoined as an interested party in a case filed by Japheth Muroko, Kidero stated that some 798 of the 1,300 forms had multiple anomalies, others lacked poll station tallies while some did not have security features.
Kidero said that some of the forms were not signed by the agents and presiding officers, others had varied dates yet they were announced from the same polling station while others were not stamped.
“Sixty two of the sampled Forms 37A were not signed by party agents, with no reason for their absence indicated by the presiding officer. These represent 25,462 votes,” he argues.
He stated that these inconsistencies affected more than 308,918 votes and has detailed the stations where the anomalies reportedly occurred, their code, stream, constituency and number of votes affected.
Sonko was declared winner with 869,050 votes against Kidero’s 695,770.
According to Kidero, there was also gross violation of the election laws and regulations among them the Election (Technology) Regulations of 2017, the IEBC Password Policy and the IEBC IT Access Control Management Policies.
“The applicant will demonstrate to the Honourable Court that the entire transmission of results was shrouded in secrecy and the KIEMS machines were either not used or when used were used to transmit the results without the photographs of the attendant Forms 37A,” the court papers read.
Kidero said that 211 forms, from polling stations across all the 17 constituencies were not signed by either the Presiding Officer or Deputy Presiding Officer.
This, he said, affected over 90,090 votes.
The former Governor said in his papers that 12 forms, accounting for 5,725 votes had different signing dates yet they were announced from the same polling station.
“How could one polling station have the same Forms 37A with different dates? This clearly shows that the Forms 37A that were used to declare the winner were but were cooked results that were not a true reflection of the will of the people of Nairobi City County,” he said.
A record 238 petitions arising from the August 8 polls were filed in the courts nationwide for various positions.
Out of the total 47 Governors in the country, 34 are facing petitions at the High Court nationwide.
The counties with petitions are Busia, Embu, Homa Bay, Garissa, Kajiado, Kirinyaga, Kilifi, Kisumu, Kwale Lamu and Machakos.
Others are Mandera, Marsabit, Migori, Meru, Mombasa, Nairobi, Narok, Nyamira, Mombasa, Laikipia, Samburu, Siaya, Taita Taveta, Tana River, Trans Nzoia Turkana, Wajir and Vihiga.