Francis Muriithi files application for scrutiny in petition against Babu Owino


Embakasi East Parliamentary election loser Francis Muriithi has filed an application seeking order of scrutiny and access of KIEMS kits in 19 polling stations.

In an application filed under a certificate of urgency, Muriithi says the court should grant him the scrutiny because IEBC officials failed to identify persons using the electronic voter identification in some polling stations.

“IEBC should be compelled to supply me with comprehensive documentation of all incidences of failure of by the KIEMS devices,” reads the application.

Muriithi’s lawyer Hum Lagat says that the results announced by IEBC declaring Paul Ongili alias Babu Owino as the winner in the August 8th election differ from those in Forms 35B”,  Lagat says.

He claims the officials tampered with the results by filling in Forms 35A with figures that are not in consonance with the votes of candidates in the ballot boxes.

“The relevance and purpose of the information and data sought is to show and prove that the returning officer and IEBC did not comply with law in conducting and supervising the August 8, 2017 elections,” reads the affidavit.

The petitioner claims that Owino’s supporters caused violence at two polling stations leading to disruption of the voting exercise in those polling stations.

Last month, Babu Owino gave his testimony before court and refuted the allegations laid out in the petition by Muriithi.

He testified that he never attacked ANC candidate Joshua Obiende because he never came face to face with him on election day.

Obiende’s criminal record.

In his testimony, Babu Owino said that he has known Obiende for some time since he was also vying for the seat on an ODM ticket before being disqualified.
He told the court that Obiende was disqualified because he had a criminal record and did not also meet the required academic qualifications.
“Obiende spent two years in prison for robbery in Nyanza, ” Babu added.
In the petition, Muriithi wants Owino’s win nullified on grounds that the election was not free and fair.
He claims that there was voter bribery, violence and gross misconduct during the election