Embakasi East Member of Parliament Babu Owino has been dealt a blow after the High Court in Nairobi ordered a recount and scrutiny of votes in a petition challenging his election.
The court on Monday directed votes in the entire constituency be recounted, a decision that places Owino’s election at stake.
Issuing the order, Justice Joseph Sergon said Francis Mureithi, who is challenging Babu's victory, had given sufficient reasons to warrant a recount.
The judge ordered the Independent Electoral and Boundaries Commission (IEBC) to avail all ballot boxes and disputed election forms to the deputy registrar of the court within two days.
Appearing before the court in December 2017, Embakasi East Returning Officer, Nicholas Kipkorir Butuk told the judge that he was under duress from Babu Owino at the final stages of vote counting, since he had misplaced Form 35C, which is used to declare the winner.
“During the final stage of the tallying process, I realised that form 35C which is used to declare the winner, was missing. I had to look for it first but Babu Owino got impatient and went crazy. I was under pressure but I would not have announced different results because he was still the winner from the results we tallied,” Butuk clarified.
Butuk also confessed that he realised an error in tally after he announced Babu Owino as the winner of the parliamentary election.
The case will be mentioned on February 26th to asses the scrutiny and recount outcome.