The High Court in Kisii has dismissed an application for scrutiny and recount of votes against woman representative Janet Ong’era.
Justice Anthony Ndung’u said Nahashon Akunga - the petitioner, did not specify the polling stations in dispute.
In his application, Akunga had also sought for scrutiny of statutory forms used in declaring Ong’era the winner.
"The applicant for scrutiny and recount is dismissed because the applicant did not specify polling stations in dispute," Justice Ndung’u ruled.
"He has failed to proof a prima facie case in his application by laying a basis in his application," the Judge added.
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Akunga claimed that fraudulent forms 39A, B, and C were used in the August elections.
Ong’era is being represented by lawyer Okong’o Omogeni while Edward Begi is acting for
Akunga.
She has termed the allegations by Akunga that ballot boxes for women seat were missing during the
August 8
polls as laughable.
The legislator told the court that
IEBC conducted the elections in a free, fair and transparent manner saying claims by the petitioner that the polls were not credible were unfounded.
"The August polls were free, fair and transparent. I want to state that I was validly elected," Ong’era
said.
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Ong’era
told the court that that said that the petitioner was on a fishing expedition over claims of missing ballot boxes saying he did not bring any witness to court to testify on the same.
The woman rep said that Akunga who was a Jubilee chief agent personally signed form 39 C which county returning officer Sydney Namulungu used to declare her the winner.
She said that that there was no problem in the transposition and tallying votes at the County tallying centre.
Justice Ndung’u set
January 26
as the date for parties to present their final submissions.