High Court grants Martha Karua’s request in petition against Waiguru
The High Court in Kerugoya on Monday (October 23) ordered the electoral commission to comply with Narc-Kenya leader Martha Karua’s request to access electoral material in her petition challenging the election of Kirinyaga Governor Anne Waiguru.
Justice Lucy Gitari directed the Independent Electoral and Boundaries Commission (IEBC) to give Karua certified copies of forms 37A and 37B as well as a read-only access to the electoral commission’s electronic system.
The High Court registrar will oversee the process of scrutinizing the IEBC system between November 3 and November 8 with all parties in the case required to be present.
Karua’s lawyer Gitobu Imanyara said they had been given 10 days to read and photocopy the material.
Waiguru was represented by lawyers led by Kamatho Waiganjo who also filed for dismissal of the entire petition saying it did not comply with the petition rules.
The dismissal application will be heard on Friday, November 3, 2017.
Justice Gitari, however, declined to allow the petitioner scrutinize the Kenya Integrated Elections Management System (KIEMS) kits since the gadgets had already been taken to Nairobi for configuration for Thursday’s repeat presidential election.
The Judge instead directed IEBC County Returning Officer Samuel Seki to present the KIEMS data captured during the disputed election.
Ms Waiguru garnered 161,373 votes, while Ms Karua came second with got 122,091.
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