Martha Karua granted read-only access to KIEMS in Waiguru petition

Martha Karua and her lawyer Gitobu Imanyara at the High court in Kerugoya after she filed a petition seeking to nullify the win of governor Anne Waiguru.FILE
Martha Karua and her lawyer Gitobu Imanyara at the High court in Kerugoya after she filed a petition seeking to nullify the win of governor Anne Waiguru.FILE

The Kerugoya High court on Monday allowed former Gichugu MP Martha Karua read-only access to the Kenya integrated electoral management system.

Lady Justice Lucy Gitari said the access to the KIEMs will be granted between November 03 to November 10 in the presence of all parties and the High Court registrar.

She said it is in accordance with the law that election materials be kept safely for a period of two years hence the IEBC should keep the data in the KIEMs.

The judge said this will be so even if the commission has to configure the kits ahead of the repeat presidential scheduled for Thursday.

The judge also ordered the electoral body to provide all the forms37A and 37B used to tally the votes so that the petitioner scrutinise them.

Karua, through lawyer Gitobu Imanyara, told the court some of the forms are forgeries.

The court, however, declined Karua's request that the location of the IEBC servers is made public.

Justice Gitari noted that the disclosure could hamper the system's safety and future use.

This followed a suit challenging the election of Kirinyaga governor Anne Waiguru.

The governor wants the court to with costs.

Through her lawyer Paul Nyamodi, Waiguru filed an application arguing the petition was irregularly filed in the court.

Karua asked the court to give her sufficient time to reply to the application since she was served late.

Justice Gitari asked Karua to reply to the application on November 3 when the parties will appear before the court.

The hearing of the main petition in which Karua filed to have Waiguru's win nullified will commence on November 15.

Karua has said the elections were marred by irregularities and illegalities and she wants the court to nullify Waiguru's win.

She has further told the court 48,000 votes were irregularly added to the final governor tally in favour of the incumbent.

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