17 January 2018

Kenya: Judge Dismisses Application for Teso North Vote Recount

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The High Court in Kisumu has dismissed an application by former Teso North MP seeking scrutiny and recount of votes in a petition challenging the election of current legislator Mr Edward Kaunya.

Justice David Majanja ruled there was no basis for scrutiny and recount every polling station in the entire constituency.

The petitioner, Mr Arthur Odera had claimed that the elections were conducted without regard to the electoral laws and that the non-compliance affected the results declaring Mr Kaunya as the duly elected MP.

The petitioner had claimed that from the evidence, voters' names were not crossed from the printed registers and that the presiding officers failed to record the names of assisted voters in the proper statutory forms.

BALLOTS

He had also asked for a scrutiny of spoilt ballots, rejected ballots, stray ballots and counted ballots together with packets of the counterfoils in all the polling stations.

Mr Odera had claimed that only a full scrutiny and recount of the vote would assist the court uncover the extent of the violations.

In his ruling, the judge said: "The petitioner neither pleaded nor laid any evidential basis to enable the court examine all the ballots in the Constituency."

The court had granted both parties access to all electronic information with Justice Majanja saying any discrepancy would have emerged when compared with the statutory forms.

"Neither petitioner nor respondents commented on anything that emerged from examination of the electronic information nor I doubt that an examination of the ballots would assist the court," said the judge.

Hearing of the case continues on January 22.

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