Machakos governor Alfred Mutua has admitted that the returning officer made a “slight deviation” and used an excel spreadsheet to collate and announce the results
Through lawyer Kioko Kilukumi, Mutua, however argued that the deviation does not take away the constitutional test of verifiability of the results.
“There was no finding by the trial court that the data was fraudulent, inflated or otherwise fictitious. All the forms were signed by among others, Wiper agents,” Mr Kilukumi.
Kilukumi further said even though the returning officer deviated from the subscribed form when she declared the results, the results have not been challenged by any party.
He urged Chief Justice David Maraga and Justices Mohamed Ibrahim, J.B. Ojwang, Njoki Ndung’u and Isaac Lenaola to overturn the Court of Appeal decision, which nullified Dr Mutua’s win.
However, Wavinya through lawyer Ahmednasir Abdullahi asked the judges to uphold the court of appeal judgement arguing that until now Machakos residents don’t know who won the elections.
Abdullahi claims that IEBC cooked up the results by using a different form 37 C to declare the results.