The High Court on Monday dismissed an application by two petitioners who sought permission to admit new affidavits and access to KIEMS kits in the case challenging the election of Nairobi Governor Mike Sonko.
Justice Msagha Mbogholi noted that there was no basis to grant the prayers, especially given the advanced stage of the hearing.
The Judge ruled: “The petitioners have cited irregularities in the forms that were used in the elections.
"However, I find no jurisdiction for granting the prayers."
The petitioners wanted the Independent Electoral and Boundaries Commission (IEBC) to produce the original statutory forms as well as leave for use of a reading device to be used to distinguish the forms.
[caption caption="Former Nairobi Governor Evans Kidero hands over to Mike Sonko"]
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They further noted that the reading device would be necessary to distinguish genuine forms from the possibly fake ones.
They also wanted to be allowed to file further affidavits as they maintained that the IEBC had failed to supply them with copies of the statutory forms.
In response, Governor Sonko highlighted that allowing the petitioners to file the affidavits would be the same as amending the entire petition.
He further stated that they had failed to explain why the new documents could not have been submitted at the time of filing the petition.
“In the end, the application must fail and is hereby dismissed,” Justice Mbogholi concluded.
[caption caption="Governor Mike Sonko"]
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