High court has dismissed an application by former Nairobi Governor Evans Kidero to be enjoined in a petition by two voters challenging election on Governor Mike Mbuvi ‘Sonko’.
While delivering the ruling, High court judge Msagha Mbogholi dismissed the application on grounds that it was misconceived and lacked merit.
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 slated for 17th 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 claim that they have filed the application seeking orders for scrutiny of votes cast to enable the court arrive at a fair determination of the petition.
The petitioners claimed that they have received additional evidence which was not in their knowledge at the time of institution of the petition.
Moroko and Oliech want the court to nullify the election of Governor Sonko on grounds that the election was not free and fair.
The two argue that the Nairobi County gubernatorial elections were not accountable, credible, justifiable and transparent.
The claim that the election was unconstitutional as it did not meet the requirements of the election laws.
They are seeking to IEBC conduct fresh Gubernatorial elections in Nairobi County in accordance with the constitution.