The Independent Electoral and Boundaries Commission (IEBC) has emerged victorious after a Mombasa High Court threw out a petition against it.
On Friday, Judge Mugure Thande ruled in favor of the IEBC in a petition challenging the victory of Jomvu MP Badi Twalib.
While issuing the ruling, Judge Thande stated that the case filed by voter Jimmy Kazungu suing IEBC, Mr Badi and Jomvu returning officer Nuru Faraj did not meet the threshold to be heard as it was in violation of several rules.
[caption caption="IEBC Officials during a previous press conference"]
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The High Court judge further stated that the petition was incomplete due to several ommissions adding that it lacked a basis for complaint.
Furthermore, he ruled that the complainant had not complied with mandatory provisions of rule 8 of the election petition rules of 2017, which requires that a petition should have a name, address, date of the disputed election, when the result was declared and the basis for the case to be heard.
"He also failed to show when the declaration of the results was done. He also omitted the name and address of his advocate," she added.
In his defense, Mr Kazungu explained that the details were in a supporting affidavit which he stated was part of the petition.
However, Judge Thande rejected the argument noting that the window for amendments was closed 28 days after the results were declared.
She therefore declared: "The petition is therefore defective and therefore struck out."
[caption caption="Jomvu MP Badi Twalib"]
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Meanwhile, plans are underway for the fresh presidential election after IEBC announced changes ahead of the repeat polls.
Commissioner Roselyn Akombe on Friday declared there will be zero tolerance to failure to comply with the new guidelines.
Akombe assured Kenyans that the Commission will not be in a hurry to announce results before they are fully verified.
Read Also: IEBC Announces 4 Changes in October Election
