The victory of Starehe Member of Parliament Charles Kanyi aka Jaguar is at stake after the court issued a new directive in the case challenging his win.
A judge at the Milimani law courts has ordered the Independent Electoral and Boundaries commission (IEBC) to provide all Forms 34A and 35B used to declare the final result for Starehe Constituency.
Justice Fred Ochieng directed the lawyer representing IEBC Titus Tiego to avail all the Forms 34A and 35B to the deputy register of the High court by October 19, 2017 at 4 pm.
“I direct IEBC to avail all the Forms 34A and 35B in preparation of scrutiny” said Justice Fred Ochieng
The directive has been given in regard to the petition filed by Steve Mbogo challenging the victory of Starehe Mp Charles Kanyi.
The Court also ordered IEBC to avail all the SD Cards to the deputy register Ms Elizabeth Tanui.
In the petition Mbogo is asking the court to nullify Jaguar’s victory, with seven witness to help him prove his case.
The case will be decided on October 30, after scrutinizing all the evidence presented before the Court.
The court will also decide on whether to admit an affidavit filed by a forensic auditor who analyzed the entire polling in Starehe.
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However, the IEBC lawyer opposed the admission of the evidence saying it was filed late.
Mbogo is being represented by lawyer Antony Oluoch who is also Mathare ODM MP.