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Kenya: ECK Ordered to Present Wajir North Papers
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The Nation (Nairobi)
16 May 2008
Posted to the web 16 May 2008
Sam Kiplagat
Nairobi
High Court Thursday directed the Electoral Commission to present forms 16A and 17A containing the election results of Wajir South constituency.
Judge Luka Kimaru ruled that two original forms would be used to establish if it is true that the results were tampered with, as claimed by poll loser Mohammed Sirat.
Thursday, the High Court was also expected to make a ruling on whether the ballot boxes from the constituency would be opened for scrutiny.
Mr Sirat, through his lawyer Judith Sijeny, had asked the court to allow him to look at the boxes.
However, ECK lawyer Arnold Ong'anda and Ahmednasir Abdulahi for Mr Abdirahman Ali Hassan whose election is being challenged, argued against the application.
Mr Sirat is also seeking to scrutinise the voters' registers, and for a recount of the votes.
He further claims the results were announced in the absence of all candidates save for Mr Hassan.
The ODM Kenya candidate in the last General Election lost narrowly to Mr Hassan of Kanu, garnering 4,017 votes against the MP's 4,444.
While giving his evidence earlier in the week, Mr Sirat said refugees had been allowed to vote.
Alternative
And ODM's Moses Sakuda, who lost to Internal Security minister George Saitoti, said he tried to trace the returning officer for Kajiado North, Mr George Morara, in vain.
He said after several trials, he sought to serve the officer using the alternative way, the newspaper.
Prof Saitoti (PNU) wants the suit struck out, saying Mr Morara was not served.
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Mr Sakuda is seeking nullification of the poll results, saying fake ballot boxes were introduced.
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