He
says the returning officer used form 35 to declare Musimba winner with 17,174
votes against his 16,975. “But on March 8, the same returning officer this time
using form 36 declared Musimba winner with a different figure of 17,196 against
16,976 that I purportedly scored,” Ndile says.
The
former MP, who is represented by lawyer Andrew Makundi, has sued Musimba,
Kibwezi West returning officer and the electoral commission. The Kibwezi West
seat had nine contestants. Ndile lists 10 grounds challenging the results.
He
says counting of votes in most polling stations was done after midnight in dim
light. “Some stations used light from their mobile phones and motorcycle
headlight and the petitioner took video of such instances to help argue his
case,” Mr Makundi said.
“This
happened at Wivia primary and Kyandundu primary schools polling stations,” he
said. Ndile wants the court to order a vote recount.
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