The election petition between Nyamira County Governor Amos Nyaribo and Former UDA gubernatorial Aspirant Walter Nyambati has taken a different shape as court orders Scrutiny and vote recount in six out of 26 polling stations in Nyamira County.
The petitioner had asked the court to review the votes that were alleged to have been overturned in favour of Amos Nyaribo.
Nyamira High court judge Kimondo Kanyi orders form 37B that were used to tally votes from the polling stations to the constituency level to be availed for Scrutiny.
Judge Kanyi orders Independent Electoral and Boundaries Commission, IEBC to avail forms for three constituencies; Borabu constituency, North Mugirango constituency and Kitutu Masaba Constituency for Scrutiny.
As sought by the Petitioner challenging election of Nyamira Governor Amos Nyaribo, he demanded full Scrutiny of votes across all the polling stations. However, justice Kanyi ruled that the scrutiny of votes in other polling stations are unmerited
“The sweeping prayers for full scrutiny of statements and counterfoils of papers and election materials in the other polling stations are unmerited,” said justice Kimondo Kanyi
Justice Kanyi ruled that the margin between first respondent governor Amos Nyaribo and second candidate Walter Nyambati was wide and not narrow thus affirming that the scrutiny and Recount in general rule can be appropriate where the margin is very narrow.
“I have kept in mind that the margin of 32,641 votes between the second candidate and the first respondent (Nyaribo) was not narrow. As a general rule, scrutiny and recount are appropriate where a margin of votes is very narrow,” Justice Kanyi ruled.