High court has declined to review orders regarding KIEMS kit in Garissa Township constituency election petition.
Justice Hedwing Ongudi also rejected the application to postpone the re-examination of the petitioner Farah Maalim.
Farah through his lawyers wanted the court to review its earlier order of a read only access of the data extracted from the KIEMS Kits.
Farah through his lawyers wanted the court to review its earlier order of a read only access of the data extracted from the KIEMS Kits.
Justice Ongundi also directed IEBC to comply with her earlier orders allowing Farah Maalim to have a read only access to the data extracted from KIEMS Kits by Wednesday 1 PM.
Further the court directed the Deputy registrar to be present during the exercise of reading the data and file a report in court before Thursday.
Maalim was cross-examined on Monday during the hearing of the petition he filed challenging the election of Majority leader Adan Duale.
During the hearing, IEBC lawyer Issa Mansour claimed that Maalim had produced fake forms 35 A in his petition as they had different serial numbers from the ones he had.
Maalim was also asked to explain all the allegations of electoral malpractices that he had leveled against IEBC officials in Garissa Township.
He claimed that in most of the areas where he was sure of win, KIEMS kits were compromised and had been put in training mode which led to delay of voting in those affected areas.
He also failed to name the specific officers who had shown open bias and even campaigned for Duale which is an offense but he fell short of naming the said officers who he claimed did so.
He further said he did not have evidence before him showing that he lodged complaints with the commission regarding the bias IEBC officials had against him.
Duale’s lawyer Ahmednassir Abdulahi who also cross-examined Maalim claimed that the reason he lost to Duale was because he moved from his previous constituency of Lakidera to Garrisa Township where his clan was a minority.
In the petition, Maalim alleges that the Garissa township constituency National Assembly election was marred with massive irregularities and therefore Duale’s win should be nullified.
