The Supreme Court has ordered the Independent Electoral and Boundaries Commission (IEBC) to submit Forms 32A and Forms 34A for 41 stations as directed by the court.
The registrar of the court notified the apex court that various interested parties were unable to agree on how to conduct the exercise in an order given on scrutiny and recount on Tuesday, August 30, 2022.
While reading the orders of the court, Justice Isaac Lenaola, stated that some of the parties in the petition made requests outside the set guidelines hampering the process.
"Otieno Ogola & Company Advocates writes and says he wants Form 32A from all 229 stations, Njoki Mboshe and Company write and says they want for 238 stations. The petitioners have asked for 517 stations. Obviously, for the time we have, it is impossible to comply with that order.
"We order that the IEBC provide Form 32A and Form 34A Book 2 from the 41 stations in the application of celestine Anyango Apiyo. That is the only way that exercise can have meaning," Justice Lenaola ruled.
He further indicated that going beyond the set stations would be creating a new case given the tight timelines issued for the scrutiny.
Lenaola advised the parties in the petition to wait for the official report from the exercise and use it in making their arguments before the court.
The Court had initially directed the registrar of the court to oversee the process for recounting with the team given 48 hours to undertake the exercise.
Scrutiny of the votes cast in the affected polling stations is currently underway at the Forodha house in the presence of agents from the presidential candidates.
Some of the affected polling stations under scrutiny include Nandi Hills and Sinendeti Primary School in Nandi, Belgut, Kapsuser and Chepkutum Primary Schools in Kericho County; Jomvi, Mikindani and Ministry of Water Tanks Polling Stations in Mombasa County.
Other are Mvita, Majengo and Mvita Primary Schools in Mombasa County; Tinderet CONMO, in Nandi County; Jarok, Gathanji and Kiheo Primary School Polling Station in Nyandarua County.
The order for recount and scrutiny was issued yesterday (August 31) during the pre-trial conference.
