Court is set to make a ruling on Thursday 16th on whether former Nairobi Governor Evans Kidero will be enjoined in a petition by two voters seeking to nullify the election of Mike Mbuvi ‘Sonko’.
During the hearing of the application, the petitioners argued that the respondents will suffer no prejudice if Kidero is enjoined.
Through their lawyer, the two told the court that Kidero, who is seeking to be enjoined as an interested party has a personal stake in the matter having been a candidate and he is not allowed to join the matter, he will not have a chance to challenge the petition.
However, the respondents, the IEBC and Governor Sonko objected the application on grounds that the law had allowed Kidero 28 days to challenge Sonko’s election but he did not.
Through lawyer Harrison Kinyanjui, Sonko told Justice Mbogholi Msanga that time jurisdiction timeline forbids the the application adding that the net effect of the rejoinder is to enlarge the application.
In the petition, Japheth Moroko and Zacheus Okoth Oliech want the court to order IEBC to give access to all the parties for purposes of scrutiny and supply to the court and to all parties original Form 37A and Forms 37c used to generate the final tally of the National gubernatorial elections.
The two are also seeking an order that KIEMS kits used in the Nairobi Gubernatorial elections on August 8th this year be preserved and the same not to be used in the impending elections to be conducted during the fresh presidential election that took place on 26th October 2017.
The duo claim that they are dissatisfied with the conduct of IEBC during the Nairobi Gubernatorial elections held on 8thof August and the process leading towards the declaration of the said results hence I filed he instant petition.
Through lawyer Anthony Oluoch, the applicants claimed that they had filed the application seeking orders for scrutiny of votes cast to enable the court arrive at a fair determination of the petition.
