IEBC accused of bias in petition against Wambui

A poll loser Thursday accused returning and presiding officers of being biased against him and declared the wrong candidate the winner of the Othaya parliamentary seat.

Mr Peter King’ara told the High Court in Nyeri that some results were announced at the national tallying centre in Nairobi after the returning officer had declared Ms Mary Wambui the winner.

He said his agents were denied access to some polling stations and were only let in after either his intervention or that of other agents.

The petitioner said some of his agents were barred due to lack of badges which were supposed to be issued by the Independent Electoral and Boundaries Commission (IEBC).

“The IEBC delivered 120 badges although 1,000 were required which led to my agents being locked out,” he said during the hearing of a petition he has filed against the election of Ms Wambui.

The petitioner said there was no valid reason to bar the agents who, he said, were unable to verify the election results.

According to Mr King’ara, his agent at Kigari Primary School polling station was locked out for moving in and out often.

“My agent at Kirai Primary School was restrained due to lack of a badge and was allowed in at 11.20am as she had her identification card and statutory documents provided by the IEBC,” he said.

The petitioner said the electoral commission had failed to provide a diary claiming that some stations were opened late.

But Ms Wambui, through lawyer Cecil Miller, objected to the diary claim, arguing that Mr King’ara had not been cross-examined on the issue. “This line of questioning will open up new issues which we might require to be allowed to re-examine the petitioner as it is not in his affidavit,” said Mr Miller.

The hearing continues.

This article was published by Daily Nation on June 6, 2013