NARC Kenya Party leader Martha Karua on Monday received a major boost in her case against Governor Anne Waiguru after the High Court granted her read-only access of the electoral commission’s electronic system.
Lady Justice Lucy Gitari noted that the access to the electronic system should be granted between November 3 to November 10 in the presence of all parties and the Court registrar.
“I order that during the read-only access to the system, all parties should be present while the High Court Registrar oversees the process,” Judge Gitari ordered.
[caption caption="File image of Martha Karua and her Lawyer Gitobu Imanyara"]
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Justice Gitari declined to issue orders directing the electoral agency to submit the Kenya Integrated Elections Management System (KIEMS) kits for scrutiny on the basis that the devices were being re-configured for the repeat presidential election.
The Judge, however, directed the Kirinyaga County Returning Officer to submit the KIEMS data captured during the disputed election regardless of whether the kits had been taken to Nairobi or not.
[caption caption="File image of Martha Karua in Court"]
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This is the second win for Ms Karua after she was also granted access to electoral forms.
The ruling was made after the former Minister, through her lawyer Gitobu Imanyara, filed an application at the Court asking the Independent Electoral and Boundaries Commission (IEBC) to produce electronic results from the August election.
"Waiguru's voters were increased by 48,000 and electronic information, if availed, will assist the court to make a proper judgment. As a petitioner, I'm entitled to have access to the election information and materials to be able to make my case," she stated.
Opposing the request, IEBC lawyer Jose Kthungu termed Karua's move as improper adding that she had failed to prove why she was entitled to the access.
"Karua is out on a fishing expedition because she has no evidence to support the prayers she has sought," Mr. Kthungu explained.
Governor Waiguru's lawyer Paul Nyamondi on his part asked the court to deny the NARC Kenya party leader's request.
