IEBC, Governor Waiguru maintain election was credible

The use of technology in last year's election was limited to identification of voters, Kirinyaga Governor Anne Waiguru's lawyer said during the final submissions in the petition contesting the gubernatorial results.

Hence, Mr Kamotho Waiganjo told Justice Lucy Gitari on Thursday, inflation of voter numbers did not happen.

Mr Waiganjo said "that would have left shreds of evidence". 

He added that such an irregularity would have also affected the outcome of other categories.

ERRORS

Thus, he urged Justice Gitari to strike out Narc-Kenya party leader Martha Karua’s petition with costs amounting to Sh17.5 million since the proceedings have been long and tedious.

The Independent Electoral and Boundaries Commission (IEBC) said out of 659 polling stations, Ms Karua complained about 22 polling stations. 

Through lawyer Joe Kathungu, the IEBC said clerical errors such as cancellations and overwriting did not affect the final results.

The court heard that Ms Karua was given the chance to go through forms 37As and did not deny the votes she garnered in the 659 stations. 

NON-COMPLIANCE

Mr Kathungu said that Section 83 of Election Act provides that: "No election shall be declared to be void by reason of non-compliance with any written law relating to that election if it appears that the election was conducted in accordance with the principles laid down in the Constitution and in that written law or that the non-compliance did not affect the result of the election."

Mr Kathungu said the petitioner failed to prove cases of non-compliance. 

On Monday, Ms Karua maintained that the election should be nullified and a fresh one conducted because it was not credible.

The judgement in the case will be delivered on June 14, 2018.