Court to rule on Friday 24th whether Wajir gubernatorial petition scrutiny order will be done in Nairobi

Wajir Returning officer Patrick Gatuma testifying in a petition against Wajir Governor

High court will on Friday rule whether the scrutiny of election materials used in the Wajir Gubernatorial election on August 8th will be done in Wajir County.

This comes after the hearing of an application by the IEBC to have the scrutiny done in Wajir County and not Nairobi on grounds that there are issues of logistics due to the weather and distance.
After the hearing of the application, the court heard that one of the Forms 37B’s used to announce the Gubernatorial results was a presidential form.
During cross examination of the Wajir County Returning Officer Patrick Gatuma also failed to explain why the election diary was retrieved from the ballot box after sealing.
The court heard that one the documents in court was not signed, however in a further affidavit filed in court the same document appeared signed.

In a petition the former governor together with Muhumed Abdi  are seeking a declaration that the governor elect was not validly elected to the position and that the declaration of the results is invalid, null and void.

Through lawyers Ombati Mwanza and Jesse Oduor, the two argue that Mohamud was not validly cleared as a candidate for the Wajir Gubernatorial position for he did not satisfy the required education requirements.

The former governor argues that the incumbent’s clearance to be a candidate for the position of Governor Wajir County in the August 8th elections was obtained fraudulently on the basis of a forged degree certificate allegedly from Kampala Uganda.

They further seeks an order directing the IEBC to organize and conduct a fresh election in strict conformity with the constitution and elections Act 2011.

The petitioners avers that the returning officer relied on invalid and unauthenticated results from various polling stations to declare the incumbent as the winner of the ‘impugned election