Two Independent Electoral and boundaries commission (IEBC)Officials who are facing charges of election mal- practices in Mombasa have a case to answer. While making his ruling, Shanzu senior principal magistrate,Yusuf Shikanda noted that the prosecution had a water tight case against,Nicholas Nyamuya Motatiro and his deputy Sawiya Mtesi and ordered that they to be put on their defense upon conclusion of the prosecution case. Nyamuya in his sworn testimony ,informed the court that on the alleged day he developed an Asthma attack as the counting of votes process was in progress and was not able to continue. “I was leading the vote counting process well until at around 8PM when l developed breathing difficulties and could not continoue with the exercise,it is true l abandoned the exercise while the ballot boxes were yet to be sealed nor form 34A and other forms could be filled and signed,” he told the court.
The primary school teacher further noted that he did not inform the county returning officer about their conditions. It was after he arrived at the Tallying center with unsealed boxes and unsigned forms that he was arrested and taken to Bamburi police station.
The Suspect alleges that he was taken to hospital by police after he was arrested though was unable to produce his treatment notes from the alleged hospital during his defense. Nyamuya who was the presiding officer at Utange police centre stream number 3, further told the court that he allowed his deputy presiding officer, Mtesi Sawiya, to leave the polling stastion on humanitarian grounds since she had received unexpected monthly periods.
“She approached and informed me that she had experienced her monthly periods which she did not expect and i considered her sistuastion and asked her to go rest,however in her case l informed police officers manning the polling station (stream 3)and two agents,”he said. Mtesi is expected to be put on her defense on January 28 next year.