Kirinyaga Governor Anne Waiguru’s August 8 victory hangs in the balance after High Courts first ruling.
Narc Kenya leader Martha Karua was on Monday granted read-only access to the electronic system that was used in the voting exercise.
“I order that during the read-only access, all the parties should be present as the High Court registrar oversees the process,” Kerugoya High Court judge Lucy Gitari told a court session.
Lady Justice Gitari clarified that the read-only access that was granted to Mrs Karua would be done in the presence of all parties, including the Independent Electoral and Boundaries Commission (IEBC) ICT system experts, Mrs Waiguru’s legal team and Mrs Karua’s team, in an exercise that will commence on November 3 to November 10.
In the first ruling of the detailed case facing Mrs Waiguru, lady justice Gitari, however, said that the Kenya Elections Management System (KIEMS) kits used in the elections would not be availed for scrutiny as the devices had been taken back to the commission for reconfiguration.
The KIEMS kits are key firsthand information on the voting patterns, as it was used to identify the people who participated in the polls.
IEBC lost a crucial case at the Supreme Court which annulled the re-election of President Uhuru Kenyatta after the scrutiny of the database used in the exercise found “irregularities and illegalities.”
Mrs Karua went to court to challenge Mrs Waiguru’s victory in the August polls citing massive irregularities and lack of transparency in the exercise.
Hundreds of politicians, especially from the National Super Alliance camp have challenged the victory of their competitors.