Former Kitui Governor Julius Malombe has scored a victory after the High Court allowed partial scrutiny and recount of votes cast on August 8 General Election.
Lady Justice Pauline Nyamweya allowed scrutiny and recount of votes cast in about 50 polling stations, where the former governor alleges there was cheating.
Dr Malombe, who has challenged Ms Charity Ngilu’s win named a number of polling stations he says were marred by irregularities and the results contained does not reflect the wishes of Kitui voters.
The Judge directed the exercise to begin on January 23 and supervised by the Deputy Registrar of the High Court in Kitui.
She said the parties will highlight their findings, on February 9. The court also asked parties to appoint agents who will undertake the exercise and directed the lawyers to be present during the scrutiny.
In challenging the win, Dr Malombe accuses Ms Ngilu of intimidation and bribery of voters. He also says that in several polling stations, the number of votes cast on August 8, exceeded the number of registered voters.
He said most Wiper agents failed to append their signatures because of intimidation.
Dr Malombe’s chief agent, Mr Bernard Kitheka had told the court most Wiper agents changed their loyalty, hence failed to append their signatures to the result forms.
The former Governor also stated that a number of forms lacked IEBC stamps. There are also alterations in a number of forms but they have not been countersigned.
Ms Ngilu defended her win saying that she was elected before she is a performer and was the best candidate.
The case will mentioned on February 1.