High court has directed Wajir West constituency petitioner Ibrahim Sheikh to file a formal application to have the returning officer who testified in his petition recalled.
This came after Sheikh through his lawyer Fred Ngatia told high court judge justice Francis Tuiyot that some of the important pages in one of the polling station diaries was missing.
“Some pages are missing in the polling station for Kara polling station which shows different seal numbers,” Said Ngatia.
While opposing the application, lawyers for the the respondents told the court that such things have to be done through a court order.
“How did the petitioner come in possession of such documents since all election materials must be sealed immediately after the exercise and this is only possible through a court order?” Said IEBC lawyer Issah Mansour.
In the petition, Sheikh Ibrahim who vied on a KANU ticket is challenging the election of Ahmed Kalosh of ODM on grounds that the election for Member of National Assembly was full of malpractices.
Sheikh argues that the election was not conducted in accordance with the constitution and the election Act.
He says there was voter intimidation and manipulation during the the exercise.
