Wajir West politician Ibrahim Sheikh has to file a formal application for the constituency returning officer who testified in the petition to be recalled.
Sheikh, who vied on a Kanu ticket, is challenging the election of Ahmed Kalosh (ODM) and claims the vote was marred by irregularities.
High Court judge Francis Tuiyot asked Sheikh to ensure the application is filed according to the law.
"Scrutiny will [begin today] as had been planned while the application to have the returning officer recalled can be revisited later,” Tuiyot said on Tuesday.
Sheikh’s lawyer Fred Ngatia said the officer should be recalled to explain why pages of a polling station's material were missing.
"Some pages for Kara polling station are missing and the
seal numbers are different," said Ngatia.
He said the pages may have gotten lost as a police officer searched for
investigation officers.
In opposing the recall of the RO, lawyer Issah Mansour asked how the petitioner ended up with the documents.
"All election materials must be sealed immediately after [voting]," he noted, adding they can only be accessed by court order.
