In Summary

Justice Okwany ruled that Mr Matoke did not specify the polling stations he wanted scrutiny and recount done.

She dismissed the petitioner's allegations that forms 35A produced in court by IEBC did not have security marks.

The judge said that the petitioner should have sought for better documents from IEBC.

The High Court in Kisii has dismissed an application seeking for a scrutiny and recount in the election petition challenging the victory of Bomachoge Chache MP Alfah Miruka.

In her 33-page ruling, Justice Winfridah Okwany said that the petitioner, Jeremiah Matoke, did not convince the court to grant scrutiny.

In his application, Mr Matoke sought for scrutiny of all election materials including all forms 35A used to declare Mr Miruka the winner.

Justice Okwany ruled that Mr Matoke, in his prayers, did not specify the polling stations he wanted scrutiny and recount done.

"The applicant failed to give sufficient grounds why he wanted scrutiny and recount," Justice Okwany said.

"The applicant equally failed to specify the polling stations he was seeking for scrutiny and recount," she added.

FORM 35A

At the same time, the judge dismissed the petitioner's allegations that forms 35A produced in court by IEBC did not have security marks and that they were not stamped.

She said that the returning officer supplied Mr Matoke with the forms after the announcement of the final results and he did not raise any complaint.

She also said stamping of the forms was not mandatory as stated in law.

"The petitioner did not state how lack of security features in the forms 35A affected results taking into consideration a wider margin of over 15,000 votes," the judge further noted.

UNAUTHENTICATED FORMS

The judge said that the petitioner should have sought for better documents from IEBC, saying that the use of unauthenticated forms to allow for scrutiny and recount will be tantamount to abuse of court process.

The final submissions for the Bomachoge Chache petitions will be made on January 30.

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