A Nairobi High Court listening to a case challenging the election of Starehe Member of Parliament Charles Njagua alias Jaguar on Tuesday dismissed an application for scrutiny of votes filed by his challenger Steve Mbogo.
Justice Fred Ochieng rejected the application arguing that Mbogo filed it hoping to use get more information that could be useful for his case.
“Scrutiny must never be a process through which a party can obtain new or further evidence. I find no merit in the application for scrutiny,” Justice Ochieng stated.
[caption caption="File image of Jaguar in court"]
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Regarding an application to have polling diaries availed to the petitioner, Justice Ochieng noted that Mr Mbogo did not make a case for the availing of the items.
“I also find no reason to warrant an order compelling the IEBC to make available all the polling stations’ diaries, which it had not already provided,” he stated.
The Judge made the ruling following an application by the petitioner seeking orders compelling the IEBC to supply him with the original Forms 35A, 35B and 35C .
The Orange Democratic Movement (ODM) politician also wanted the electoral body to avail printed copies of the registered voters in all polling stations and polling day diaries and access to the KIEMS kits.
The self-proclaimed billionaire moved to court in September 2017 seeking nullification of Jaguar’s election claiming that the exercise was marred by massive irregularities.
Through lawyer Anthony Oluoch, the youthful politician claimed that the parliamentary election was not conducted in accordance with the Constitution and election laws.
[caption caption="Steve Mbogo and his lawyer outside court"]
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In the petition, Mbogo also accused Jaguar of bribing and intimidating voters to support him.
