The High Court has ordered scrutiny and a recount of the August 9, governor candidates’ votes cast in an election petition case.
In delivering judgement in Nairobi in an election petition case filed against governor Joseph Lenku’s win, Justice J N Mulwa ordered scrutiny and a recount of the votes cast, and packets of counterfoils of use ballot papers.
Justice Mulwa also ordered scrutiny and recount of rejected ballot papers, polling station diaries, KIEMS kit logs and the declaration of the original results’ Forms 37 A in the ballot boxes in respect of 16 polling stations.
The polling stations are; the Ongata Rongai Open Air Market station 2 of 26, Ongata Academy polling station 8 of 13, Bulbul Primary School polling station 1 of 13, Kajiado Township Primary polling station 7 of 8, Kajiado Township Primary polling station 8 of 8, Multi-Purpose Training Centre polling station 5 of 9, Nookopir Secondary School polling station 7 of 19, Ewuaso Primary School polling station 2 of 3 and Ewuaso Primary School polling station 3 of 3.
Others are Olmapinu Primary School polling station 1 of 1, Ongata Rongai Open Market Polling Station 14 of 26, and Ongata Market Poliing station 20 of 26.
The high court will also scrutinise votes from Athi River Prisons Primary School, Isinet Primary School, and Emakoko Primary School.
Justice Mulwa said that there shall be a re-tally of the results in Form 37B and 37C for Kajiado West and Kajiaso South constituencies.
“For purposes of enabling the orders I have given, the 1st and 2nd respondents shall avail to the deputy registrar of the election petition court the requisite election materials, including all the original or duly certified copies of Forms 37A, 37* and Form 37C,” said the judge.
Mulwa said the deputy registrar of the election court shall oversee the exercise, and thereafter compile and file a report on the outcome of the exercise.
The report, Mulwa said, shall be served upon all the counsel for the parties, who shall be at the liberty to make oral comments and highlights on a date to be given by the court.
The judge said the costs of application shall abide by the outcome of the petition. Former immediate Kajiado MP Katoo ole Metito had filed a petition against Lenku’s win and later withdrew after he was appointed Stae House Comptroller.
The case was taken up by other interested parties and will follow it up to its final conclusion.
