Kisii High Court on Wednesday ordered the Independent Electoral and Boundaries Commission (IEBC) to scrutinize and recount votes of a polling station in Bomachoge Borabu constituency.
Justice Hellen Omondi directed the recount of votes of Nyakorere primary school polling station after a voter, Thomas Matwetwe, made an application challenging MP Zadock Ogutu's win.
The High Court judge further directed interested parties to witness the sealing of the ballot box from the polling station before taking it to court for safe custody.
Mr Matwetwe made this application after it emerged that 91 ballot papers marked in favor of the MP were found around the polling center after the August election.
[caption caption="MP zadock Ogutu"]
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MP Ogutu had unsuccessfully applied for the petition to be dismissed on the basis that it did not have the date when results were declared as per the law.
The Judge noted that the application could have been filed before the commencement of proceedings.
Justice Omondi also dismissed Matwetwe's request to access and scrutinize KIEMS kits used in seven polling stations.
The applicant also wanted votes from Mosensema, Kenyenya, Ichuni, Rianyagita, Magena and Itonngo polling stations checked.
Mr Ogutu, who contested the election as an independent candidate, won the parliamentary polls defeating the late MP Joel Onyancha.
[caption caption="IEBC Chair Wafula Chebukati"]
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The late Jubilee politician had also filed a petition seeking to overturn the election outcome.
