An application to have two petitioners challenging the election of Nairobi governor Mike Mbuvi Sonko admit further affidavits and access to KIEMS has been dismissed.
Justice Msagha Mbogholi ruled that the prayers sought cannot be granted at this stage adding that the petitioners failed to lay a basis.
“The petitioners have cited irregularities in the forms that were used in the elections. However I find no jurisdiction for granting the prayers, “said justice Msagha
The court noted that the prayers seeks only production of the original statutory forms but also leave for use of a reading device for purposes of distinguishing the forms.
He said that it is a generalized prayer in terms of scope and also seeks to extend a process of auditing the forms to distinguish the genuine from non-genuine ones.
In the case the two petitioners wanted the court to allow them file further affidavits saying that IEBC failed to supply them with copies of all the statutory forms.
While responding to the application, Sonko and IEBC said that allowing further admissions of further affidavits would tantamount to amending the petition adding that no reasonable explanation was given for the failure to file that affidavits at the time of filing the petition.
IEBS said that KIEMS kit were submitted for reconfiguration for use in the repeat presidential election.
In the petition, Japheth Moroko and Zacheus Okoth Oliech challenging the election of the Governor want the court to order IEBC to give access to all the parties for purposes of scrutiny and supply to the court and to all parties original Form 37A and Forms 37c used to generate the final tally of the National gubernatorial elections.
