By Our Correspondent
Worth Noting:
- The system, the petitioner notes identifies voters biometrically and seeks to curb impersonation during the voting exercise making sure only those that had been registered are allowed to cast their votes.
- “The KIEMS also has a system that will enable presiding officers present and transmit results to observation centers through specially configured mobile devices,” they adds.
- During the pretrial conference held yesterday, the two who are being represented by lawyers Ndegwa Njiru, Tum Musa and Njoroge Mungai also want the court to direct IEBC to produce original and certified copies of all form 35A , 35B and 32.
Former Kieni constituency Member of Parliament Kanini Kega’s Personal Assistant and former Kieni NG-CDF chairman want the High Court to order the Electrol agency to allow them to access Kenya Integrated Elections Management System (Kiems) kits used in transmission of results in the August 9 poll.
The petitioners PA, Geoffrey Wahome and chairman Maina Munene, who are the petitioners challenging last General Election results want Independent ElectroL Boundary Commission (IEBC) compelled to grant them access to it systems that was used in uploading of results.
In a fresh application before Justice Dora Chepkwony who is hearing the petition, the duo states that it was for the interest of justice that they be granted their prayers for the sole purpose of making copies of the information which is relevant for just determination of the petition.
“We are aware the kits are due for use in future elections and there is every chance that the information contained might be interfered with,” Wahome and Munene states.
The two are challenging the election Wainana Njoroge Chieni as the area legislator claiming the poll was characterised by very serious irregularities and discrepancies that can only be determined by a full scrutiny of the exercise.
The system, the petitioner notes identifies voters biometrically and seeks to curb impersonation during the voting exercise making sure only those that had been registered are allowed to cast their votes.
“The KIEMS also has a system that will enable presiding officers present and transmit results to observation centers through specially configured mobile devices,” they adds.
During the pretrial conference held yesterday, the two who are being represented by lawyers Ndegwa Njiru, Tum Musa and Njoroge Mungai also want the court to direct IEBC to produce original and certified copies of all form 35A , 35B and 32.
“In addition we want dairies for all polling stations in Kieni constituency as well as the register of all transferred voters from August 2021 to July 22,” Njiru, the lead counsel added.
The petitioners claim the results were manipulated where results were repeatedly cancelled or altered without respective counter-signing by IEBC officials.
In an example, they claim, figures recorded on form 35A at the Gakanga Primary School polling station in Gatarakwa ward were cancelled and changed in favour of the current law maker.
The document shows that another candidate in the parliamentary race Stephen Kiriungi Muchire garnered 198 votes but the figure was cancelled and changed to three votes.
“On the same document, Wainaina’s entry was changed to read 197 with the last digit having been evidently altered,” the petitioners states.
They argue that the presiding officer did not counter-sign the document to show that he approved the alterations or to explain the changes as required by law.
The IEBC is also accused of allowing signature discrepancies made by its officials and political party agents on forms 34A and 35A in various wards in the constituency.
Some of the signatures of presiding officers at five polling stations in forms 34A and 35A do not match but they are purported to have been signed by the same people, lawyer Boaz states.
At one polling station, form 35A was allegedly not signed by the deputy presiding officer and only one political agent signed it.
The suit also cites discrepancies in the number of registered voters who voted for President and member of the National Assembly at six polling stations.
They blame this on stuffing of ballot papers for the MP’s seat that resulted in a mismatch between the total number of votes cast for MP and those for President.
Justice Dora directed parties who wish to file interlocutory application to do so and that the matter be mentioned on October 31 virtually to confirm compliance.