, KISII, Kenya, Nov 27 – The Kisii County Returning Officer Sidney Namulungu has told High Court Judge Hellen Omondi that the petitioner challenging the election of Governor James Ongwae never requested for form 37As referred to in court.
Namulungu who is the second respondent in the petition said that Omwanza Ombati – the advocate to the petitioner – did not attach any forms 37As which he referred to court.
He told the court that the election was fair since all the agents singed the forms during the tallying.
Omwanza said that in Kemoreko, Gianchanga and Oroche and other polling stations the gubernatorial candidates scored the same number of votes in a pattern which is impossible.
This was mostly witnessed in Bobasi and Bomachoge constituencies.
Namulungu told the court that as Returning Officer, he recorded all the errors that occurred in the August poll and sent them to the IEBC head quarters.
He added that Governor Ongwae and the second candidate Chris Obure had a wide margin of 90,000 votes and this would have not stopped him declare Ongwae the winner.
Namulungu said that the petitioner has not supplied him with forms 37B which they claim were not stamped by the IEBC.
He also noted that the petitioner never applied for forms 34Bs by Edward Begi who stood in for Omwanza during a pre-trial as claimed.
On cross-examination by Okong’o Omogeni, Namulungu said that no complaint was made in the 117 polling stations in form 37C that the petitioner claimed.
Namulungu said that errors that occurred in transposition of results from one form to another were less than 1,000