Witness claims results for Kitutu Masaba MP were fake

Friday November 17 2017

Kitutu Masaba petition

Former Kitutu Masaba MP Timothy Bosire (right) at the Nyamira High Court on November 17, 2017 during a petition challenging the election of current MP Shadrack Mose (left). A witness claimed that votes used to declare results for Kitutu Masaba MP were fake. PHOTO | HENRY NYARORA | NATION MEDIA GROUP 

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An IT expert who analysed voting logs for the opposition Nasa in a petition that nullified the August 8 presidential election has claimed that votes used to declare results for Kitutu Masaba MP were fake.

Dr Noah Akora claimed votes from 170 out of 187 polling stations were not reflected in the Kenya Integrated Management Systems (Kiems) kits.

“This means that 84,442 votes from those polling stations cannot be accounted for and the returning officer who declared the winner for the parliamentary seat got results from elsewhere,” Dr Akora said.


He was testifying in a petition challenging the election of Mr Shadrack Mose as the Kitutu Masaba MP filed by a voter, Mr Justus Omiti, before High Court Judge Aaron Makau in Nyamira.

Dr Akora who testified as a key witness in the petition, said he got that information because he was privileged to access logs of all votes cast for all positions contested in the August general elections when the Supreme Court ordered the Independent Election and Boundary Commission to provide them to Nasa during the presidential petition.

“I was able to access logs for 40,833 polling stations across the country that were used during August 8 general elections,” he said.


He said scanned images of forms 35A and forms 35B for Kitutu Masaba parliamentary seat were not reflected in the FTP (file transfer protocol), something he noted was strange.

Earlier, IEBC lawyer Paul Lelan and Mr William Mogaka, representing the MP, opposed evidence by Dr Akara, saying they were not part of affidavits he presented in court.

During the election that attracted eight candidates, Dr Akara said Mr Mose got 33,386 votes while the former MP Timothy Bosire, who was second, garnered 19,262 votes out of 69, 682 votes cast.

Both, Mr Mose and Mr Bosire were present during the petition proceedings.


Elsewhere in Kisii County, the High Court has adjourned the hearing of an election petition by a Nyaribari Chache parliamentary candidate Chris Bichage citing discrepancy in names.

Lawyer Okong’o Omogeni for Mr Richard Tongi, the MP, raised objections regarding names of the petitioner in the affidavits and exhibits saying they do not match.

Mr Omogeni had told Justice Anthony Ndung’u at Kisii High Court that some of the affidavits bore the name Chris Munga while the really name of the petitioner is Mr Chris Munga Bichage.

He consequently urged the court to strike out all affidavits with references to Chris Munga, saying the petitioner could not own exhibits that do not reflect his real name.


“The court cannot admit exhibits which do not belong to the deponents of the affidavits. The annexures are from a stranger not in the petition. I urge the court to reject them and the petitioner bears the costs” Mr Omogeni told Judge Ndungu on Friday.

He termed the affidavits in court as erroneous, defective and likely to pose challenges during the cross examination.

He said allowing abbreviations and pseudo names in the affidavits will stem chaos and affect subsequent hearings of the case in court.

However, the petitioner’s lawyer, Mr Oguttu Mboya, defended his client saying they had been ambushed and that negated the principle of fair hearing.

‘It is unfortunate for Mr Omogeni to dispute evidence in the names in the affidavits and the exhibits as two distinct and separate persons. Some annexures have abbreviations and the commissioner for oaths identified the deponent, affidavits and signed,” be told Justice Ndung’u.
Mr Ogutu said Mr Omogeni’s arguments were hinged on procedures and only meant to derail the hearings.

Mr Bichage had vied for the Nyaribari Chache seat on an ODM ticket but lost to Mr Richard Tongi.

Meanwhile, dozens of extra votes were detected during fresh tallying of one polling centre for Kisii County’s Bomachoge Borabu Constituency parliamentary polls.

The vote recount ordered by High Court Judge Hellen Omondi found at least 101 additional votes in favour of current MP, Prof Zadock Ogutu.

Ms Omondi ordered the recount following a request by a voter, Mr Thomas Matwetwe.

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