Former Embakasi South Irshad Sumra accompanied by his supporters leaving Milimani Law Courts after high ordered for vote recounts on Wednesday January 17,2017/PHOTO BY S. A. N.


The High Court has ordered recount of votes tallied  in August 8 for Embakasi South Constituency.

Justice Grace Nzioka issued the order this afternoon  after the former MP Irshad Sumra made a successful application seeking for scrutiny in various polling station.

Mr Sumra filed a petition challenging the win of the current Member of Parliament Julius Mawathe.

According to the Judge, the scrutiny and recount of votes will be carried out under the supervision of the Deputy Registrar in the presence of all the parties in the petition.

“The exercise shall be carried out in the presence of all parties and they are allowed to nominate at most two agents to be present,” she ruled.

The judge said that scrutiny and recount is suitable for small margin difference of result.

Sumra through lawyers Francis Moriasi and Evans Ondieki had requested for recount saying it will unearth electoral fraud.

He also wanted the court to look at the rejected votes which were discarded by IEBC officials to favor his opponent.

The former legislator claims that the results in forms 34A, 34B and those in the IEBC portal are different.

According to him, he defeated the Wiper MP but his victory was taken away by the returning officer.

Sumra, who vied on an ODM ticket, also says there was lack of transparency in the tallying and declaration of the results.

Sumra had accepted defeat by Mr Mawathe but two weeks later changed the mind and challenged the election.

Addressing the media after the ruling, the current MP, Mawathe alleged that Sumra has already tampered with the ballot boxes as seen in a video on social media. He has also produced the video as evidence in court.

He said according to the video which has been adduced as exhibit in court, Sumra had access to the boxes for more than two hours.

The MP said the same boxes tampered with are the ones the petitioner wants to be scrutinized and results are obvious.

The judge is expected to make ruling on the video