Martha Karua wants gubernatorial poll documents in court

Narc Kenya leader Martha Karua follows proceedings during the hearing of a petition she filed challenging the election of Anne Waiguru as Kirinyaga governor at High Court in Kerugoya on October 4, 2017. Ms Karua wants IEBC compelled to produce election documents in court. PHOTO | JOSEPH KANYI NATION MEDIA GROUP

What you need to know:

  • Through lawyer Gitobu Imanyara, the petitioner accused the IEBC of presenting only Forms 37C, which show the total number of votes that were cast in respect of each candidate.
  • Consequently, Justice Gitari ordered the IEBC to file the documents before tomorrow, pending the hearing of the petition on October 12.
  • Ms Karua sued Ms Waiguru and the electoral body soon after she lost in the gubernatorial race, which had attracted five candidates.

Narc-Kenya party leader Martha Karua wants the Independent Electoral and Boundaries Commission to be compelled to present in the Kerugoya High Court relevant gubernatorial poll documents before an election petition she has filed against the Kirinyaga Governor Anne Waiguru is heard and concluded.

She told Justice Lucy Gitari that Forms 37A and 37B showing the votes each gubernatorial candidate got at every polling station should be filed in court.

“The forms should be tabled so that the court can verify what Ms Waiguru and other candidates who participated in the gubernatorial race polled,” said Ms Karua.

Through lawyer Gitobu Imanyara, the petitioner accused the IEBC of presenting only Forms 37C, which show the total number of votes that were cast in respect of each candidate.

“Voting starts at the polling station and we would like the court to verify the number of votes each candidate polled from that level,” said Mr Imanyara.

RESULTS

Consequently, Justice Gitari ordered the IEBC to file the documents before tomorrow, pending the hearing of the petition on October 12.

Ms Karua sued Ms Waiguru and the electoral body soon after she lost in the gubernatorial race, which had attracted five candidates.

Ms Karua expressed dissatisfaction with the results and claimed that the poll was rigged in favour of Ms Waiguru who was her main challenger.

However, Ms Waiguru insists she won fairly, adding that she is ready to prove this during the petition.

Ms Waiguru garnered 161,373 votes, while Ms Karua got 122,091.

DEFECTIVE PETITION

Meanwhile, Jomvu Member of Parliament Bady Twalib has termed a petition filed at the Mombasa High Court challenging his election as defective for failing to comply with mandatory requirements.

In his application seeking to have the petition struck out, Mr Twalib said it is a mandatory requirement for the petitioner, Mr Jimmy Kazungu, to state the date when the election was conducted, results and the manner in which they were declared.

“Failure to do so renders the petition merely speculative since the results are not under challenge,” said Mr Twalib in his application.

Mr Twalib also wants the court to order the petitioner to bear the cost of the application and the petition.

SENSATIONAL

The MP, in his response to the petition, said allegations by Mr Kazungu on massive malpractices and irregularities during the election are sensational and not supported by evidence.

He said neither his family members nor agents were involved in bribery during voting as alleged.

Justice Thande Mugure said the application for striking out the petition would be heard on Monday.