High Court has dismissed an application by Starehe constituency August 8 election loser Steve Mbogo seeking scrutiny.
Justice Fred Ochieng rules that the petitioner asked for scrutiny because he hoped to use the exercise to get information which could be useful to petition.
He said scrutiny must never be a process through which a party can obtain new or further evidence.
“In the event the application dated 5 October 2017 is hereby dismissed” ruled the judge.
Justice Ochieng said there was a consent order by the court on 12 October, 2017 which information was extracted by the petitioner’s ICT expert from 220 polling stations
He further said Steve Mbogo has not made out a case to warrant the production of the polling station diaries for the polling stations.
” I find that the IEBC cannot be faulted for not making available all the polling station diaries. I also find no reason to warrant an order compelling the IEBC to make available all the polling station diaries which it had not already provided” said Ochieng J.
Steve Mbogo wanted the court to order for scrutiny for all votes cast in his favour when he contested for the position of Member of National Assee for the Starehe constituency during the general Election which was held on 8 of August 2017.
Among polling station he was seeking for scrutiny are, Pangani Girls High School , Moi Avenue Primary school, Mukuru Kaiyaba,Government Vehicle Inspection Unit, NSSF grounds, Kenya Polytechnic University, City Primary school among others.
He also applied orders to compel IEBC to supply certified copies of the original forms 35A from all the 254 polling stations , printed copy of voters register of voters, polling day diaries and inventory of all ballot boxes.
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