An election official admitted that he announced Mr Paul Ongili Owino alias Babu Owino as the winner of Embakasi East parliamentary election under duress.
Mr Nicholas Buttuk, a Returning Officer, stated that Mr Owino and his supporters caused chaos at the constituency tallying center, making him misplace Form 35C which he needed to fill and hand to the victor.
The court, this week, heard that Mr Buttuk was forced to declare Mr Owino the winner without the document.
Another election official admitted that there were errors in a number of forms for the constituency, but that cannot be the basis for scrutiny.
[caption caption="Embakasi East MP Babu Owino"]
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In reply to an application by Jubilee’s Francis Mureithi for scrutiny of the electoral materials, Mr Joseph Mele Eroo, the Nairobi County election manager, maintained that the petitioner had not laid a basis for the court to grant him the prayer.
Mr Eroo further stated that lack of stamps in some of the statutory forms could not be the basis for scrutiny in a poll petition.
Mr Mureithi asked for scrutiny of votes in 44 polling stations, most of them in Embakasi Primary School.
Justice Joseph Sergon stated that he would give his judgment on February 5.
Earlier on, the court had heard that a Jubilee agent had narrated how he fell asleep when votes from the stream he was manning were being counted.
[caption caption="Embakasi East MP Babu Owino"]
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In his testimony, Edward Gitau confidently told Justice Joseph Sergon that he fell asleep during the counting of votes due to fatigue and only realized that the results had been altered when he saw the form 35A.
