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The IEBC is a Commission created by Article 88 of the Constitution and mandated to conduct and supervise elections. Reference and arrangement of witnesses is sequential in the order in which they testified, that is, PW1 to PW12 for the Petitioner respectively and RW1 to RW8 for all the Respondents respectively without differentiating for 1st and 2 June 2013 the last day for the hearing of the Petitioner’s case counsel for the Petitioner informed the court that the three witnesses were not available in court.
He closed his case at that stage and did not seek additional time to call the three witnesses.
One of the polling stations he visited is Forest Polling Station (Code No. While there he saw a man he named as Hassan Noor Abdille with a size A4 envelope full of money in 500 notes.
The man was giving money to voters on the queue telling them to vote for Orange Democratic Movement (ODM).
The elections came to pass and the votes were counted and tallied with the following scores: March 2013.
Mohamed Ali Mursal, who ranked number three with 22,919 votes, contested the results and filed this Petition.
5 of 4 Respondents failed to supply him with a list of Presiding Officers and Deputy Presiding Officers in Wajir West Constituency.
He told the court that he was a candidate for member of National Assembly on a Kenya National Congress Party (KNC) ticket.
He reported the matter to the Returning Officer who sent security personnel to the place to calm the tension.Ngeera (RW2) who told him to report to the police or to go to court.He states that he went to Griftu Police Station where he reported the matter and the same was entered in the Occurrence Book as case No.Wajir County is divided into six electoral constituencies, namely; Eldas, Tarbaj, Wajir North, Wajir South, Wajir East and Wajir West.Four candidates; Mohamed Abdi Mahamud, Ahmed Abdullahi Mohamad, Mohamed Ali Mursal and Maalim Mohamed Omar competed for that position.
The same witness testified that on 5 March 2013 while travelling to Wajir town before reaching Della he found ballot boxes on the road around 10.30am without security. Hassan Mohamed Hassan (PW4), testified that he was an agent for TNA candidate for Member of National Assembly. His evidence is that the Presiding Officer at Athibohole Primary School Polling Station, one Abdirashid Adan, was wearing an ODM T-shirt while presiding over the polls; that the said Officer was also the Headmaster of Athibohole Primary School and he was marking ballot papers for voters saying that they were voting for ODM; that voters identities were not verified before voting and that even though voters stopped coming to the station at 4.00pm the station remained open until 7.30pm because the Presiding Officer was waiting for 17 voters who came to vote at 7.30pm.