Mr Justus Mong’umbu Omiti who was a chief campaign manager for ODM candidate Timothy Bosire cited variances in the total votes scored by Mr Bosire, his candidate, and Mr Walter Nyambati, who is the area MP.

Mr Omiti said in the computer printout, three candidates including Nyambati, Mose Nyambega and Bosire scored 7,401, 7,146 and 7,020 in the computer printout respectively but in form 16, the candidates were given 8,150, 4,696 and 7,338 in that order.

The witness said he also recorded discrepancies in 47 polling stations saying that rejected votes in the computer printout were more or less tallied with form 17A.

“My Lord there is need for recount and scrutiny because results from the computer printout differed substantially with those in Form 17A,” said Mr Omiti during his final cross examination by his lawyer Otiende Amollo on Tuesday.

Mr Omiti said that his candidate was denied over 2,000 votes in the 47 polling stations singling out Mongoni, Miriri, Gucha Girango primary schools polling centres and Ikobe where the candidate was denied 425, 293, 314, 224 and 348 votes respectively.

He gave an example where a candidate Obwaya Onsinyo was given 310 votes in the computer printout but in form 16A he was awarded 150 while Bosire was given 33 votes in form 16A but in the computer printout he scored 25 votes.

“My Lord the scenario would have been repeated in many other polling stations in the constituency hence the need for a recount and scrutiny,” Mr Omiti said.

“My Lord from the examples I have given, it was evident that the polls were not conducted in a free and fair environment. The proper winner will only be known through the recount,” he added.

Mr Omiti has sued Nyambati, returning officer Lawrence Ole Sempele and the Interim Independent Electoral Commission (IIEC).

The hearing was adjourned on Tuesday after Nyambati's lawyer Jackson Omwenga applied for the postponement on grounds that the lead lawyer in the case Alphaxard Osro Mogikoyo had fallen sick.

The hearing resumes on February 14.