Bernice Mbugua @BerniceMuhindi
The High Court has dismissed an application by two petitioners, seeking to admit more affidavits and access to Kiems kit in an election petition against Nairobi Governor Mike Sonko.
Justice Msagha Mbogholi-Msagha declined to allow Japthet Muroko and Zacchaeus Oliech’s prayers, saying the orders sought cannot be granted at this stage and the petitioners failed to lay a good basis. “The petitioners have cited irregularities in the forms that were used in the election. However, I find no jurisdiction for granting the prayers,” he said.
Mbogholi-Msagha said the two petitioners sought a generalised prayer in terms of scope and to extend the process of auditing the forms to distinguish the genuine from non-genuine.
The petitioners wanted the court to allow them to file further affidavits saying, IEBC failed to supply then with copies of all the statutory forms. However, Sonko and IEBC opposed the application, saying allowing admissions of further affidavits would equal to amending the petition.
The two respondents argued that no reasonable explanation was given for the failure to file the affidavits at the time of filing the petition. IEBC further said KIEMS kits were submitted for configuration for use in the fresh presidential election. Petitioners are challenging Sonko’s win, claiming the election was conducted contrary to the provisions of the Constitution.