Chamisa hooks a 'fishy' Kenyan expert

Chamisa hooks a 'fishy' Kenyan expert
Published: 19 August 2018 (296 Views)
The chief expert witness in MDC-Alliance leader Mr Nelson Chamisa's court claim that he was robbed of the 2018 Presidential election is a man whose research has centred on fish migration behaviour and patterns.

Dr Otumba Edgar Ouko, the primary statistician Mr Chamisa has roped in to back his case, has published academic papers on subjects as disparate as fish migration, sugarcane and highway trailer traffic.

Mr Chamisa has rounded 12 expert witnesses, among them Dr Ouko whose most immediately verifiable association with poll matters is consultancy work related to evaluating the election of directors of the Kenya Sugar Board around 13 years ago.

President-elect Emmerson Mnangagwa has flagged this calling of "irrelevant experts" in his opposing affidavit.

The Constitutional Court hears the case on Wednesday.

A fortnight ago, the Zimbabwe Electoral Commission declared Zanu-PF's Mnangagwa the winner of the July 30, 2018 Presidential election with 50,8 percent of the vote.

Mr Chamisa got 44,3 percent of the vote — a defeat he is challenging at the ConCourt.

But President-elect Mnangagwa has pointed out that in his challenge, Mr Chamisa is relying in fish migration experts.

The President-elect's lawyers have told the court: "It is irrelevant and inadmissible opinion evidence by a man (Dr Ouko) whose documented research is on sugarcane and the migration patterns of fish.

"The CV of the expert, (Dr Ouko) relied on by applicant, does not show that he has done an analysis of this nature before nor does he research a conclusive position, preferring to suggest possibilities and probabilities which the applicant then adulterates to give his generalised suppositions as fact.

"The affidavit (by Dr Ouko) is irrelevant, immaterial and inadmissible …The expert has listed his publications, which include only seven 'first author' publications in the areas of sugar cane, fish, water, trailer traffic on highways and HIV. There are none on elections, aside from some consultancy work carried out in 2005 involving the election of a (Kenya) Sugar Board.

"While I am certain that 'An Integrated Model for Optimising Harvesting of Fish', or indeed the 'Estimation of Population Sizes for Migrating Species' are papers that those in the fishing industry might find useful, I fail to see how these qualify the author as an expert on elections."

Mr Chamisa's Kenyan poll "expert" claims that overall prejudice to the opposition leader because of "voter intimidation, coercion and manipulation" was 305 784 votes – figure that changes elsewhere in his affidavit.

"In fact, the 'expert' in his own report first states that there is an overall prejudice to the applicant of 305 784 votes (which is denied) and then without explanation changes that number some few paragraphs later to 345 784," argues President Mnangagwa through his legal team.

"He talks of 'over-votes' in a total eight constituencies, with a total of 1 468 votes, which is statistically irrelevant to the total (number of votes cast across Zimbabwe), but fails to make any point about how this might have affected the results."

The President-elect's legal team also points out how Mr Chamisa's "experts" contradict each other.

Mr George Nyandoro, another "expert" for the litigant, comes up with different figures from "fishy" reasearcer Dr Ouko.

"(Nyandoro) contradicts Dr Ouko by saying there were over-votes in 111 constituencies as opposed to eight (as claimed by Dr Ouko). The 'expert' further says that this resulted in 31 204 more votes for me, but fails to show on what basis this claim can validly be made without the ballots being unsealed," President-elect Mnangagwa states.

And an affidavit by one Patience Mutongwizo in support of Mr Chamisa is described as something just short of Hollywood fiction.

Mutongwizo claims to have intercepted a truck with ballot papers alone at night — and sent the occupants of the vehicle, who include police officers, running away.

Another "expert" relied on by Mr Chamisa is a Jokoniah Mawopa, who refers to "surveys" that are not shared with the court and who wants his numbers to be taken as Gospel truth on the mere basis of his stated claims.

President-elect Mnangagwa wants the Constitutional Court to dismiss the application, with Mr Chamisa bearing the costs.

In addition the President-elect says the July 30 election should be recognised as conducted in accordance with the laws, and that is was free, fair, credible and transparent.

- zimpapers

Tags: Chamisa, Kenya, expert,
 0

You May Like These Videos

Comments

There are no comments.

Latest stories

Zimbabwe's impressive cabinet line-up under a severe parliamentary vaccuum

by Reginald Thabani Gola. | 19 September 2018 | 183 Views

Mnangagwa boycott the way to go, says MDC veterans

by Stephen Jakes | 19 September 2018 | 176 Views

Mudede hunts down staffer who revealed blacklist

by Staff reporter | 19 September 2018 | 203 Views

'Mnangagwa inherits Mugabe's anti-Gukurahundi traits'

by Staff reporter | 19 September 2018 | 119 Views

Mnangagwa snubbing the way to go

by Stephen Jakes | 19 September 2018 | 128 Views

Shame on you MDC MPs

by Munya Shumba | 19 September 2018 | 119 Views

Kariba on high Cholera alert

by John T Chirinda | 19 September 2018 | 91 Views

Parent involvement helps students to do well

by Agencies | 19 September 2018 | 75 Views

$6000 salary for MPs

by Staff Reporter | 19 September 2018 | 177 Views

Mnangagwa tours Glen View cholera centre

by Staff reporter | 19 September 2018 | 113 Views

Unresolved ethnicity conflict haunts Bulawayo

by Staff reporter | 19 September 2018 | 79 Views

Bulawayo's 'foreign' mayor remains unfazed

by Staff reporter | 19 September 2018 | 101 Views

Court defers ruling on Nduna's Chegutu West win

by Staff reporter | 19 September 2018 | 108 Views

Zoey SA bound

by Staff reporter | 19 September 2018 | 78 Views

Gukurahundi seeks to eclipse Intwasa

by Staff reporter | 19 September 2018 | 70 Views

Gukurahundi documentary deemed to be carrying inflammatory information

by Staff reporter | 19 September 2018 | 87 Views

Models at Prophet Magaya Prayer Mountain

by Staff reporter | 19 September 2018 | 102 Views

Chamisa turns down Parly invite

by Staff reporter | 19 September 2018 | 135 Views

Local govt has crossed difficult path since year 2000

by Stephen Jakes | 19 September 2018 | 96 Views

Ecocash and swipe are gradually being phased out

by Stephen Jakes | 19 September 2018 | 258 Views

So much hate in Zimbabwe, Mnangagwa needs to unite people - Mliswa

by Stephen Jakes | 19 September 2018 | 234 Views

Chamisa's MPs walk out on Mnangagwa

by Staff reporter | 19 September 2018 | 160 Views

Mnangagwa must consider Mthuli Ncube's proposals

by Editorial - newsday | 19 September 2018 | 155 Views

Mnangagwa rejects Mines Bill

by Staff reporter | 19 September 2018 | 137 Views

Dump politics, says Mnangagwa

by Staff reporter | 19 September 2018 | 125 Views

Umguza's polluted water pose health risk - Residents

by Staff reporter | 19 September 2018 | 73 Views

Man attacks peeping Tom with machete

by Staff reporter | 19 September 2018 | 133 Views

Mental patient finally released after wrongful arrest

by Staff reporter | 19 September 2018 | 86 Views

MDC-Alliance's infantile stunt self-defeating

by Staff reporter | 19 September 2018 | 100 Views

Court inspects ZBC records in Pambuka, Mazivisa fraud case

by Staff reporter | 19 September 2018 | 94 Views

Mnanagwa's turning point

by Tichaona Zindoga | 19 September 2018 | 105 Views

The Second Constitutional Amendment

by Sharon Hofisi | 19 September 2018 | 101 Views

Man kills domestic worker's family

by Staff reporter | 19 September 2018 | 99 Views