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Kitutu Masaba poll officer accused of vote fiddling

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Published on Sunday, 20 February 2011 22:31

KITUTU Masaba returning officer unilaterally harmonised results of the 2007 parliamentary election after declaring official result, election petitioner told the court yesterday.

Justus Omiti told the court during cross-examination by area MP Walter Nyambati’s lawyer Osoro Mogikoyo that the returning officer  does not have powers to change the results after announcing the winner. “I’m not aware that the returning officer has powers to harmonise results,” he told Justice Milton Makhandia after Mogikoyo said the returning officer was within his powers to reconcile results.

Mogikoyo was cross-examining Omiti on a letter written to the electoral commission chairman by the returning officer Lawrence Sempele drawing his attention to five double stream polling stations which were not included in the final tally. Mogikoyo and Omiti agreed with the letter by Sempele that the harmonisation did not affect the final tally.

In his letter, Sempele admitted that results from one stream each from five polling stations were not included in the announced results after deputy presiding officers ran away due to chaos at the tallying hall after a presiding officer attempted to sneak in fake results. “The results do not affect the winner’s position,” Sempele said in his letter. Mogikoyo however said the letter had not been received at the electoral commission head quarters.

Mogikoyo yesterday said he may conclude cross-examining the petitioner today. “I don’t know how long I will take because questions lead to others but I may finish by tomorrow,” he said when he responded to the petitioner’s lawyer Otiende Amollo. “I want to know how long my colleague will take so that I can prepare my other witnesses,” said Amollo.

Mogikoyo has been cross-examining the petitioner since Monday when the case resumed. Earlier, Omiti narrated to the court how he ran away from home after being threatened with death three times in  2008. He declined to disclose where he is staying after the judge and Mogikoyo insisted saying his security was still threatened.

He denied that he is living in Bosire’s house in Karen Estate, Nairobi. “I’m not living in Bosire’s house and I will not disclose why I stay in this court because of threats I have received in the past concerning this case,” added Omiti. The hearing resumes today.