The High Court has ordered the IEBC and the returning officer of Wajir to supply forms 37As and the KIEMs kits for scrutiny in a poll petition against Governor Mohamed Mahamud.
While delivering the ruling, justice Alfred Mabeya said due to the alleged similarity in figures for the results of candidates and inadequate response by the IEBC and the returning officer Gachohi Patrick, it is imperative for not only a scrutiny but also a recount of votes.
Former Governor Ahmed Abdullahi, and another petitioner Muhumed Abdi, want an order declaring Mahamud was not validly cleared as a candidate since he did not have the required academic qualifications.
The petitioners want the election to be declared invalid, null and void.
In their suit papers, they say the governor falsified his academic documents, concealed or altered information in the self-declaration forms at the EACC.
“The second and third respondents should supply the marked copy of the register together with the KIEMs kits’ log in and log outs showing the number of voters who used the thumbprint,” Mabeya said.
The judge took into consideration the vastness of Wajir, which is 600km from Nairobi and the bulkiness of the poll material.
“In this regard, the material will be transported to Nairobi to a venue identified by the IEBC and approved by the deputy registrar of this court for scrutiny and recount,” Mabeya said.
He directed the deputy registrar to provide every party with a copy of scrutiny done.
The judge ordered the IEBC to deliver for scrutiny the inventory of the governor results declaration form (with serialisation) as distributed to the presiding officers in the 51 polling stations affected.
Through lawyer Omwanza Ombati and Jesse Oduor, the petitioners also want an order directing the IEBC to conduct a fresh poll. They claim the governor or his people used violence.
The hearing continues on November 20.