High court has directed the Independent Electoral and Boundaries Commission (IEBC) to deliver the SD cards which have KIEMS kit data for Starehe Constituency by tomorrow Thursday at 4pm.
Justice Fred Ochieng’ has also directed IEBC to deliver forms 35A and 35B used during the August 8th election in the in the constituency.
The parties in the petition were also directed to agree on issues of determination by 30th of this month and that the order for scrutiny will be determined by the testimony that will be given by the witnesses.
In the petition filed by politician Steve Mbogo seeking nullification of the election of Starehe Constituency Member of Parliament Charles Njqagua Kanyi alias ‘Jaguar”, the petitioner alleges that the parliamentary election in Starehe was marred by massive irregularities and should therefore be declared null and void.
The petitioner claims that the IEBC selectively manipulated, engineered and distorted the votes cast and counted particularly in favour of the Jaguar thereby affecting the final results tallied.
He further claims that in a substantial number of instances, the IEBC grossly inflated the National Assembly votes cast in all six wards of Starehe Constituency in favour of the MP thereby affecting the final results.
Through lawyer Anthony Oluoch, the politician claims that several forms 35 A’s were not signed adding that the parliamentary election was not conducted in accordance with the Constitution and Election laws.
Mbogo added that he had evidence that there was systematic interference and manipulation of the results by the Returning Officer (RO) causing the systemic manipulation and distortion of the results rendered impossible to determine who actually won the parliamentary seat.
In the election, Mbogo who vied on an ODM ticket came second in the race after garnering 38,294 votes against MP Jaguar’s who vied on a Jubilee ticket and garnered 61,262 votes.
Another contestant activist Boniface Mwangi (independent) came third with 15,877 votes.
