Mr Fredrick Ngesa Omondi yesterday filed a constitutional petition asking the court to bar the Independent Electoral and Boundaries Commission (IEBC) or its representatives from gazetting and swearing in Mr Joho until the matter is heard and determined.
Mr Omondi also wants the court to issue an order that all ballot boxes and electoral materials currently in the custody of IEBC in respect to the Mombasa County gubernatorial elections be placed under the court or any other neutral place.
Although he did not indicate the elective post he was seeking, Mr Ngesa, who said he was vying under the Wiper Democratic Movement argued that the poll was marred by numerous illegalities and malpractices, which included doctoring the results.
He has sued the IEBC, returning officer Mwashigadi Mwadime and Mr Joho as first, second and third respondents, respectively.
Mr Joho, who vied on an ODM ticket, garnered 132,583 votes to become the governor.
He defeated his main challenger Suleiman Shahbal, who vied on a Wiper ticket and got 94,905 votes.
Mr Omondi argued that some of the irregularities witnessed included failure by the polling clerks to use the electronic kits as provided for under the law, thereby rendering the entire process unconstitutional.
He also cited failure to transmit the results from the polling stations electronically.
Other malpractices, he says, were intimidation, bribery, changing tallies of counted votes, removal of Wiper agents from polling stations and violence against them.
He also claimed that Mr Joho’s agents were favoured, there was double voting, stuffing of ballot papers in boxes, use of non-official registers for verification of voters and failure by the IEBC to address the complaints raised by the petitioner.
Repeat voting
Mr Ngesa also alleged that in Nyali constituency, the ballot box tallies as indicated on the face of the ballot boxes had been amended numerous times and differed with those of the presiding officer and that his efforts to raise the issues with the IEBC were unanswered.
The petition wants the court to order that the election be repeated and that Mr Joho be barred from participating in the repeat exercise. -Daily Nation
