High court has ordered IEBC and the Returning officer Wajir County to supply forms 37As and the KIEMs Kits log in and log out for scrutiny.
While delivering the ruling, Justice Alfred Mabeya said that due to the alleged similarity in figures for the results of candidates and inadequate response by the IEBC and the RO Gachohi Gatuma Patrick, it is imperative that there not only be scrutiny on the declaration forms 37As and other statutory forms but there also be a recount of votes.
“The 2nd and 3rd respondents do supply the marked copy of the register together with the KIEMs Kits log in and log outs showing the number of voters who used the thumbprint,” ruled Justice Mabeya.
The judge also noted the vastness of Wajir County that it is 600KM from Nairobi and the bulkiness of the material involved.
“In this regard, the material will have to be transported to Nairobi to a premises and venue identified by the commission and approved by the Deputy Registrar of this court for the purpose of undertaking scrutiny and recount,” said Justice Mabeya.
He directed that the Deputy Registrar do provide every party with the copy of scrutiny once completed.
The judge also ordered the IEBC to supply and deliver for scrutiny the inventory of the gubernatorial results declaration form (with serialization) as distributed to the presiding officers at the 51 polling stations affected.
In the petition filed by Former Wajir County Governor Ahmed Abdullahi Mohamad and one Muhumed Abdi, they want an order declaring that the Wajir Governor was not validly cleared as a candidate for the position for he did not satisfy the required academic qualifications and the results declared invalid, null and void.
They allege that governor Mohamed Abdi Mahamud falsified his academic documents and he concealed, falsified or altered the documents, when he filed the self-declaration forms at the EACC.
Through lawyer Omwanza Ombati and Jesse Oduor, the two also want an order directing the commission to organize and conduct a fresh election in strict conformity with constitution and the Elections Act 2011.
They argue that the governor and/or his people used violence and intimidated their agents and the integrity if the process was undermined therefore affecting the outcome of the election
The petitioners aver that the constitutional and statutory disqualification of the Governor to contest in the elections means his nomination as a candidate and subsequent election was invalid, null and void.
