Former Nairobi Governor Evans Kidero yesterday said more than 60 per cent of Forms 37A used to declare Mr Mike Sonko winner in the August 8 election had irregularities.
According to court papers filed by his lawyer Tom Ojienda, Dr Kidero says some forms had multiple anomalies, others lacked poll station tallies while some did not have security features, “with all the inconsistencies affecting more than 308,918 votes”.
In a sworn affidavit, Mr Kidero said among 798 of the 1,300 Forms 37A, some were not signed by party agents and presiding officers while others either had varied dates or were were not stamped.
The former governor filed an application in the High Court on Friday last week as he sought to be enjoined as an interested party in a case filed by Mr Japhet Muroko challenging Sonko’s victory.
Mr Kidero detailed the stations where the anomalies reportedly occurred, their code, stream, constituency and number of votes affected.
According to him, the votes were enough to tilt the outcome of the election.
Mr Sonko was declared winner with 869,050 votes against Mr Kidero’s 695,770.
The former county boss said 247 Forms 37A had more than one anomaly, ranging from unclear votes, unstamped forms, lack of signatures and varying number of votes.
He added that 62 of the sampled Forms 37A were not signed by agents, with presiding officers failing to give reasons.
“This represents 25,462 votes. The most affected constituencies were Roysambu, Embakasi North and Dagoretti South,” he said.
The former governor added that 211 Forms 37A affecting more than 90,090 votes were not signed by presiding officers.
Forms 37A are filled by presiding officers after counting of votes at polling stations.
Mr Kidero said 12 forms had different dates of signing indicated by presiding officers, deputy presiding officers and party agents, affecting 5,725 votes.
“How could one polling station have the same Forms 37A with different dates? This clearly shows that the results on forms used to declare the election outcome were cooked,” he said.
He added that 243 forms did not have vote tallies while 291 forms were not stamped.