Embakasi East MP Paul Ongili alias Babu Owino has through his lawyers objected to the order of scrutiny sought by his petitioner Jubilee candidate Francis Mureithi.
During the hearing of the application before Justice Joseph Sergon, Owino’s lawyer Jackson Awele said the prayers are without merit, unfounded and have no basis in the petition.
His lawyer said the application is based on unfounded premise and should therefore be dismissed.
“Even for those that may have a basis in the petition, they are so few and minor as to affect the outcome of the election of Embakasi East constituency,” said Awele.
Owino’s lawyer added that an election can not be free of human errors and imperfections adding that it is not a requirement that statutory forms be signed in an election.
“Stamping of forms during an election is not a mandatory requirement,” he added.
Awele also brought to the attention of the court that in Embakasi primary school polling centre, the petitioner has not specified in their prayers the polling stations they seek scrutiny and recount on.
Awele told the court that would be improper to issue a blanket order of scrutiny and prayed that it dismisses the application.
Similarly, IEBC told the court to dismiss the application arguing that there is no need to issue scrutiny and recount order in polling stations that agents signed the forms even though they claimed to have done so in a hurry.
“There is no need for scrutiny for instance in a station where the agent testified that he was asleep during the voting process,” IEBC lawyer added.
Justice Sergon will deliver the ruling on 5th February.
