An election petition court has directed IEBC to deliver all forms used during the August 8 2017 poll in Starehe constituency, Nairobi county.
High court judge Fred Ochieng further directed IEBC to deliver the SD cards which have KIEMS kit data by October 19 2017 at close of business.
The judge further directed the parties in the election petition to agree on issues of determination by October 30 2017.
Justice Ochieng wants IEBC to produce Forms 35A and 35B used during grueling August 8 2017 bout.
In the petition filed by billionaire businessman cum politician Steve Mbogo a nullification of the election of Starehe Constituency Member of Parliament Charles Njagua Kanyi alias ‘Jaguar is sought, the petitioner alleges that the parliamentary election in Starehe was marred by massive irregularities.
Mbogo alleges that the parliamentary election in Starehe was marred by massive irregularities and should, therefore, be declared null and void.
He believes the IEBC machinations cost him a whopping 55,000 votes in the overal tally.
The petitioner claims that the IEBC selectively manipulated, engineered and distorted the votes cast and counted particularly in favour of the Jaguar thereby affecting the final results tallied.
He further claims that in a substantial number of instances, the IEBC grossly inflated the National Assembly votes cast in all six wards of Starehe Constituency in favour of the MP thereby affecting the final results.
Through lawyer Anthony Oluoch, the politician claims that several forms 35 A’s were not signed adding that the parliamentary election was not conducted in accordance with the Constitution and Election laws.
Mbogo added that he had evidence that there were systematic interference and manipulation of the results by the Returning Officer (RO) causing the systemic manipulation and distortion of the results rendered impossible to determine who actually won the parliamentary seat.
In the election, Mbogo who vied on an ODM ticket came second in the race after garnering 38,294 votes against MP Jaguar’s who vied on a Jubilee ticket and garnered 61,262 votes.
Another contestant activist Boniface Mwangi of Ukweli Party came third with 15,877 votes.