Independent Electoral and Boundaries Commission official admits changes to forms 35 during poll

Hearing for the Bonchari constituency election petition came to an end with the returning officer admitting changes were made to forms 35 in a number of polling stations.

The Independent Electoral and Boundaries Commission ( IEBC) official, Peter Resa, was testifying as the final defence witness in a petition filed by poll loser John Oyioka and voter Onditi Nyabaro challenging the election of Zebedeo Opore as MP during the March 4 polls.

Errors noted

He admitted errors were noted in Kenyorora, Gesero market, Ekerorano and Botoro polling stations. Opore is represented by lawyer Ken Nyaundi.

Resa told trial judge Justice Ruth Sitati that alterations to forms 35 were made at the polling stations and not at the tallying centre as claimed. He further denied using two sets of forms 36 to declare results of the poll.

During cross-examination by Oyioka’s lawyer Gilbert Nyamweya, the official said the changes were made by presiding officers and countersigned at polling stations. Opore polled 9,992 votes against Oyioka’s 8,987, to win by a margin of five votes. In one of the polling stations identified as Kenyorora Primary School, the number of valid votes cast was indicated in form 35 as 332 while in form 36 it was 331.

Lawyer Jackson Omwenga for the petitioners told the court that presiding officers at Kiabusura and Mogumo polling stations did not use official IEBC forms to declare results, but instead opted to use improvised ones.