The Supreme Court has dismissed the possibility of having additional polling stations scrutinised.
Otieno Ogolla had written to the registrar requesting scrutiny of form 32A’s from 229 stations while Njoki Mboshe asked for scrutiny for 238 stations.
But while reading the ruling by the seven-judge bench, Justice Isaac Lenaola said they only have 48 hours to scrutinise the 15 polling stations that were indicated by the court.
“We have received information from a registrar that parties are unable to agree on how to conduct the scrutiny in order number seven,” he said.
In the order, the Independent Electoral and Boundaries Commission was to give certified copies of forms specific to 15 polling stations.
“We thought that the order is specific to contested polling stations. With the time we have, we have spent 24 hours. It is impossible to comply with the order,” he said.
“The applicants shall only provide the 32As and 34 As a book to from the polling stations that are in the affidavit of Celestine Anyango,” he said.
Lenaola said this was the only way that exercise can have meaning.
“Those forms will be a sample that you can submit according to your pleadings. What’s happening now is that we are creating a new case out of this. Stick to your pleadings,” he said.
“We don’t expect debate but compliance. This exercise must be done by tomorrow.”
