By MN Reporter
Homa Bay High Court governor petition votes’ scrutiny has found that both parties were affected in the August 9 elections.
The report released on January 4 by the court’s Deputy Registrar Joy S Wesonga, and seen by Migori News, showed both governor Gladys Wanga and Evans Kidero votes were affected in the August 9 elections.
Justice Roselyne Aburili on November 18 2022 ordered for the recount and scrutiny of electoral materials in specific stations in ten days.
Homa Bay governor candidate Evance Kidero and his running mate Elijah Odondi Kodo had filed the petition.
They listed Independent Electoral and Boundaries Commission, the County Returning Officer Fredrick Apopa, governor Gladys Wanga, Oyugi Magwanga and ODM as the first, second, third, fourth and fifth respondents respectively.
Kidero seeks to have Governor Gladys Wanga’s election nullified on claims that the election was marred by massive irregularities, voter bribery, swapping of results, voter suppression and voter manipulation that compromised its integrity.
The exercise was carried out by nine judicial staff, nine advocates,12 agents for first and second petitioners,11 agents for respondent one and two and another 12 agents for respondent third and forth.
According to Wesonga out of the 195 polling stations which were directed for scrutiny of ballot boxes, it was discovered that two polling stations were non existence while three had been repeated.
The non-existence polling stations include Bonga and Ranani Primary Schools in Ndhiwa constituency and Chinga Dispensary within Karachuonyo constituency.
Uya Primary School at Kabuoch South ward in Ndhiwa constituency, Uya Primary School within Rusinga Island and Lambwe Primary School at Kasgunga ward all within Suba North Constituency were repeated.
According to the report out of the 192 ballot boxes, 190 were intact while two ballot boxes had a breakage on the side.
“The report is prepared upon scrutiny and recount of 192 polling stations and scrutiny of forms 37As from 190 polling stations across eight constituencies regarding the 9th August 2022 Gubernatorial elections for Homa Bay,” reads the report.
According to the report, in a majority of polling stations, the results as declared in forms 37A found inside the ballot box were consistent with the results of the recount of ballot papers.
“In instances where there was a variance, the margin in a majority of them was between one and two votes and this affected both the Petitioners and 3rd & 4th Respondents,” reads the report.
“Scrutiny of Forms 37As was carried out in accordance with Ruling of the Court as reviewed on 26th November 2022. This was in respect to polling stations comprising forms allegedly not signed,” read the findings.
According to the report all original forms 37As had IEBC stamps and all the original forms 37As had signatures of either the Presiding Officer, Deputy Presiding officer or both.
“In few instances, the stamps and signatures on the carbon copies were not there. The results on the printed scanned original copies matched with the results on the Carbon copies,”
“Some carbon copies serials did not match the original forms, however the results were the same. In one polling station, Ongeti Primary School in Rangwe constituency the results on the Carbon copy did not match the results on the Original Form used in the final tally. Notably, the results in the Original matched the results after the recount.All forms were signed by at least one Agent,”
The Scrutiny exercise further revealed that there was no alternations of the form 37A which were scruitinized.
The exercise further revealed that Security features (QR codes) of the printed scanned original copies were authentic forms.
According to the findings on recount of votes garnered by each candidate, in some instances the correctly marked ballot papers with clear intention of the voters were counted as rejected.
“Some ballot papers were marked on the pictures of the candidate or their running mates some were marked on the political party/independent candidate symbol,” said Wesonga.
The report further revealed that security features (QR codes) of the printed scanned original copies revealed that they were authentic forms and all the original forms 37As had IEBC stamps.
All the original forms 37As had signatures of either the Presiding Officer, Deputy Presiding officer or both and in few instances, the stamps and signatures on the carbon copies were not there.
The results on the printed scanned original copies matched with the results on the
