The High Court in Siaya on Monday ordered the IEBC to produce electoral kits by Thursday in a case where former Gem MP Jakoyo Midiwo is challenging the election of Elisha Odhiambo.
Judge Esther Maina issued the order after the electoral commission failed to respect an application by the petitioner seeking to have the kits provided.
The IEBC provided memory cards and a tablet contrary to the orders by the judge directing that the required electoral kits be submitted.
Following the Commission's failure to deliver the kits, the judge directed that the polls agency provides readable data in three days and reduced the time allocated for the IEBC to produce its witnesses.
According to the Commission, the failure to submits the required evidence was because of complications in accessing the server details as the machine is hosted by Safron company, which is located in France.
[caption caption="Former Gem MP Jakoyo Midiwo"]
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The former Legislator filed a petition at Siaya High Court seeking to nullify the election Mr Odhiambo on grounds that the entire election was marred by irregularities.
In the petition, Midiwo named the current MP, the Gem returning officer Martin Omolo, and the electoral commission as respondents.
He wants the three to be held accountable for malpractices among other myriads of complaints arising from the August 8 vote.
Midiwo cites ballot stuffing, deliberate alteration of results, mass failure of KIEMS machines among others as his grounds.
Through his lawyer Jackson Sala, Midiwo argued that IEBC declared Odhiambo as the winner without stating the number of votes cast in the election.
[caption caption="File image of Gem MP Elisha Odhiambo"]
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