Court denies two access to KIEMS kits in Governor Sonko’s election challenge

Nairobi Governor Mike Sonko lawyers Harrison Kinyanyui and Cecil Miller inside the courtroom after high court dismissed petitioners application/PHOTO BY S.A.N.

High Court Judge Msagha Mbogholi has dismissed an application seeking to access the KEIMS kits and admit additional affidavits.

He said that the petitioners failed to lay a basis to be allowed such orders allowing access.

The judge said that the petitioners prayers seeks only production of the original statutory forms but also leave for use of a reading device for purposes of distinguishing the forms saying that it is a generalized prayer in terms of scope and also seeks to extend a process of auditing the forms to distinguish the genuine from the ones that are not genuine.

“In the end, the application must fail and is hereby dismissed,” court ruled.

The two petitioners wanted the court to allow them file further affidavits saying that IEBC failed to supply them with copies of all the statutory forms

Responding to the application through lawyer Cecil Miller, Governor Sonko and the IEBC said that allowing admission of further affidavits would be tantamount to amending the petition adding that no reasonable explanation was given for the failure to file that affidavits at the time of filing the petition.

IEBS said that KIEMS kit were submitted for reconfiguration for use in the repeat presidential election.

This article was published by the NAIROBI TIMES on December 18, 2017