Court to deliver judgment on Steve Mbogo’s petition on 26 February


Starehe Constituency MP Charles Njagua alias known as Jaguar will know his fate on February 26th when High Court will deliver judgment on the election petition challenging his win.

High Court judge Fred Ochieng is set to deliver the judgment of the petition by controversial businessman Steve Mbogo.
Last month, the court declined to grant Mbogo an order for scrutiny and recount of votes cast his favour.
Justice Fred Ochieng dismissed the application for scrutiny saying it appeared Mbogo asked for scrutiny because he hoped to use the exercise to get more information, which could be useful in his petition.

“Scrutiny must never be a process through which a party can obtain new or further evidence. I find no merit in the application for scrutiny,” said Justice Ochieng’.

The judge also ruled that Mbogo did not make a case for the availing of polling station diaries

He said the IEBC cannot be faulted for not making available all the polling station diaries.

Mbogo had filed for a scrutiny of all votes cast in his favour during the August 8th General Election.

He wanted the court to issue orders compelling the IEBC to supply him with the original Forms 35A, 35B and 35C.

Mbogo also wanted printed copies of the registered voters in all polling stations, polling day diaries and access to the KIEMS kits.

The petitioner had argued that results differed from those in Form 35B and the online portal.

In the petition, Mbogo who vied on an ODM ticket wants the court to nullify the election of Jubilee’s Jaguar on grounds that is was not conducted in accordance with the law.

He argues that the Starehe Member of National Assembly election was not free, fair, credible and verifiable.