The High Court has ordered a recount of votes in six polling stations in Lang’ata Constituency to establish the votes each of the candidates garnered during the August 8, 2017 General Election.
Lady Justice Lucy Njuguna allowed the request by the petitioner Oscar Omoke Ocholla who believes that malpractices occurred in the said police stations.
They include two polling stations at Kongoni Primary School, two polling stations at KPA polling centre, one polling station at Ministry of Works and another at Kenya Water Institute.
The judge directed the recount be done on January 29 and a report tabled in court.
The recount will be supervised by the Deputy Registrar of the High Court and each party will only be allowed to have one agent.
She said no lawyer or party will be allowed at the Independent Electoral and Boundaries Commission (IEBC) warehouse in Industrial Area.
The deputy registrar will ascertain what each of the six candidates garnered, the spoilt and rejected votes and the valid votes cast on August 8.
In the petition, Mr Ocholla contends that the election of Jubilee’s Nixon Korir was characterised by irregularities and malpractices.
He accused IEBC of not administering the poll in an impartial, neutral, efficient, accurate and accountable manner, contrary to Article 81(e) (v) and sections 39, 44, and 44A of the Elections Act.
According to Mr Ocholla, the returning officer, Mr Martin Simotwo, lacked verifiability.
He also alleges that there were irregularities and discrepancies in forms 35A and 35B that were provided by the commission and that some forms 35b and some form 35A were not signed and stamped as required by law.
Other petitioners in the case are Mr Kariuki Kavore, Mr Mr Daniel Odera, Mr Hillary Okumu Mulilia and Ms Margery Nduta Kiragu.
The parties were directed to appear before the deputy registrar on January 24.