Makadara MP Benson Kangara admits to poll discrepancies
Makadara MP Benson Kangara took to the witness stand and admitted that there were discrepancies in the parliamentary results.
Kangara testified before court that National Assembly results for Makadara constituency had corrections yet those of President, Governor, Senator and Women Representatives had none.
He said the two forms showing the Makadara parliamentary results given to him by the Independent Electoral and Boundaries Commission Returning Officer Florence Kwamboka were different.
He told Justice Richard Mwongo that according to the forms in his affidavit, he garnered total votes of 37,967 against former Nairobi Mayor George Aladwa’s 36,183.
This, he added, was a difference of 1,784 votes.
“The IEBC form indicates that I got 37,644 and Aladwa garnered 36,079. A difference of 1,565 votes, “he told the court.
The MP said he received his results personally from the returning officer on March 13.
While being cross examined by his lawyer Kibe Mungai, Kangara said the difference in the votes was not sufficient to enable Aladwa win elections.
“I was validly elected as Makadara MP,” he told the packed court.
Aladwa, through his lawyer Cecil Miller also told the court that they had dropped eight witnesses saying the 27 witnesses who had testified had given sufficient evidence.
Kangara brought to court two other witnesses to defend him.
Aladwa wants the court to nullify the elections of Benson Kangara as Madaraka MP.
He told the trial court that he believes he won elections by over 39,000 votes.
He further told the court that the Makadara election was marred with irregularities such that figures in form 36 were different from the one he was given by the returning officer.
“I believe I was elected as MP as my votes were more than that of Kangara who was declared the winner, “he told the court.
Aladwa, who was Kangara’s closest rival, filed an election petition on Tuesday on grounds that elections in Makadara constituency were marred with massive irregularities.
He said several polling station posted results that indicated that votes cast were more than registered voters.
“Kangara was not duly elected as MP for Makadara constituency and the declaration that he was validly elected is null and void,” Aladwa said in his petition.
The former mayor prayed the court to either declare him the winner or order a repeat of the elections.
In his petition, Aladwa contends that the entry of total votes cast, rejected and valid votes in the summary results issued by the returning officer do not tally thereby making the entire counting and tallying process invalid.
“The total cast votes are indicated as 89,152 and the rejected votes were 786 therefore the total valid votes ought to be 88,366 and not 87,618 as indicated, “he said.
In the election petition, the former civic leader, further said the form 36 which was used to declare the final results was not signed the returning officer and did not bear the stamp of the electoral body thereby rendering the final results invalid.
“The form 36 was also not signed by myself, or my chief agent, Kennedy Okaka as required by law thereby rendering the form a nullity, “he added.
Aladwa cited irregularity in Dr Kraft Primary School where registered voters were 4,557 yet the total number of votes cast at the polling station shows 4,651.
At Bahati Primary school, total valid votes were 558 yet the total number of votes garnered by the candidates was 468 showing an inflation of 10 votes.
This article was published by STANDARD on JUNE 12, 2013