Court allows Wajir governor race loser Adan Mohamed to amend election petition

Wajir gubernatorial poll loser Adan Mohamed Hassan has received court’s nod to amend his petition and list 16 more polling stations where electoral malpractices allegedly occurred during voting and counting of votes.

Justice George Dulu allowed the amendment following a request by Adan, who is challenging the victory of Wajir Governor Ahmed Abdullahi on grounds that his election was marred with irregularities.

While allowing the request for an additional 16 polling stations, Justice Dulu ruled no prejudice will be occasioned as Independent Electoral and Boundaries Commission (IEBC) and Governor Abdullahi will have an opportunity to make their submissions on each of the polling stations being sought for scrutiny during the hearing of the application on whether the court should issue an order for scrutiny and recount.

Hassan had initially listed 27 stations for scrutiny and recount of ballot papers and Kiems kit.

He inadvertently failed to include the 16 stations which he claims there were grave electrical irregularities.

Among the polling stations that the petitioners seek for inspection, scrutiny, and recount of all valid votes are Dadantalai Primary, Garsechukala Primary, Towfiq center, Junction, Anole Secondary School, Aresa Wajiyaqo Primary School and Masalale Mobile 1.

“l allow the application for amendment and the court grants leave to the petitioner (Adan Hassan) to amend his petition dated October 10, 2022 seeking scrutiny and recount of ballot papers and Kiems kits in the above polling stations mentioned in the application,” ruled judge Dulu.

The court dismissed the allegation by IEBC and the governor that allowing the amendment application is an expansion of the election petition.

The governor opposed the application for amendments saying it is incompetent, defective, and time-barred.

However, in his ruling, Justice Dulu said the court has jurisdiction to deal with the application for scrutiny as sought by the petitioner.

On whether it’s time-barred, the judge said the application was made before the closure of the election petition.

“Since the law provides that an application for scrutiny can be made at any time before judgement, then it can be made anytime before judgment,” said the judge.

The judge will, however, rule on whether it will allow the order for recount and scrutiny in the 43 polling station in Wajir County on Friday next week.

Court order

Governor Abdullahi and IEBC have been granted until Friday 23, 2023 to file their responses in the application for recount and scrutiny by the petitioner.

In his case, Hassan is also seeking an order to compel IEBC to avail all KIEMS kits or SD cards used in 11 polling stations in Wajir indicating the total number of voters who were captured in the KIEMS kits for scrutiny.

The petitioner also wants the court to direct the IEBC to deliver to the court all ballot boxes and packets of counterfoils of used ballot papers for the gubernatorial election in other 27 polling stations for inspection, scrutiny, and recount of all valid votes.

During the hearing of the case, Adan sought to have the election of Adbdullahi nullified on grounds that there were gross discrepancies in form 37A returns such that the total votes cast in some polling stations were more than the total voter turnout as per the KIEMS Kit.