Independent Electoral and Boundaries Commission (IEBC) officials denied lawyers access to information contained in the Kenya Integrated Election Management System (Kiems) kits as ordered by the Machakos High Court.
Justice Aggrey Muchelule had ordered IEBC to provide a read-only access to the Kiems kits as well as polling station diaries in a petition filed by former Yatta MP Francis Mwangangi challenging Charles Kilonzo’s victory.
The electoral commission officials, however, declined to provide access, arguing the information could jeopardise other petitions in court.
Reports indicate that this was the second time the parties have failed to access the information.
[caption caption="Yatta MP Charles Kilonzo with Machakos Governor Alfred Mutua"][/caption]
Andrew Makundi, who is representing Mr Mwangangi, asked the judge to cite IEBC for disobeying a court order.
Justice Muchelule is set to rule on the matter at a later date, however, the hearing will continue on Thursday
While filing the petition, Mwangangi stated that his agents were denied access to polling stations in a "conspiracy" that led to his loss.
The former MP added that his agents were not involved in the counting of votes and did not sign the forms containing the results.
Mwangangi highlighted that some forms were neither signed nor stamped and the presiding officers did not give reasons why the agents failed to sign.
He told the court that 87 of the 169 polling stations in the constituency had irregularities.
[caption caption="Former Yatta MP Francis Mwangangi"][/caption]