Blow to petitioners in case against Governor Sonko
The High Court dismissed an application by two petitioners seeking to be allowed to admit further affidavits and gain access to KIEMS kits in a case challenging the election of Nairobi governor Mike Mbuvi Sonko.
Justice Msagha Mbogholi noted that the prayers sought could not be granted at this stage of the case adding that the petitioners failed to lay a basis for their application.
“The petitioners have cited irregularities in the forms that were used in the elections. However I find no jurisdiction for granting the prayers,” ruled justice Msagha.
The court noted that the prayers sought not only production of the original statutory forms but also leave for use of a reading device for purposes of distinguishing the forms. It said this was a generalised prayer in terms of scope that also sought to extend a process of auditing the forms to distinguish the genuine from non-genuine ones.
“In the end, the application must fail and is hereby dismissed,” the court ruled.
The two petitioners also wanted the court to allow them file further affidavits saying the Independent Electoral and Boundaries Commission had failed to supply then with copies of all the statutory forms.
Responding to the application, Governor Sonko and IEBC had said that allowing further admissions of further affidavits would be tantamount to amending the petition adding that no reasonable explanation was given for the failure to file the affidavits at the time of filing the petition.
IEBS also said that KIEMS kit had been submitted for reconfiguration for use in the October 26 repeat presidential election.
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