- IEBC failed to provide access to information contained in Kiems kits as ordered by the High Court.
- Mr Andrew Makundi, who is representing Mr Mwangangi, asked the judge to cite IEBC for disobeying a court order.
- This was the second time the parties have failed to access the information.
- Justice Muchelule will rule on the matter at a later date.
- The election petition was filed by former Yatta MP Francis Mwangangi challenging the election of Mr Charles Kilonzo.
By Allan Tawai
The Independent Electoral and Boundaries Commission (IEBC) has failed to offer access to information contained in the Kenya Integrated Election Management System (Kiems) kits as ordered by the High Court in Machakos.
In a petition filed by former Yatta MP Francis Mwangangi challenging the election of Mr. Charles Kilonzo, Justice Aggrey Muchelule had directed IEBC to provide the petitioner with a read-only access to the Kiems kits as well as polling station diaries.
Legal teams representing the three parties involved in the case visited the warehouse where the election materials are stored but the IEBC officials declined to provide access, arguing the information could lay on the line other petitions in court.
Mr Andrew Makundi, who is representing Mr Mwangangi, asked the judge to cite IEBC for disobeying a court order. This was the second time the parties have failed to access the information.
Justice Muchelule will rule on the matter at a later date.
Hearing continues Thursday where IEBC Returning Officer Nicholus Murimi will be cross-examined on allegations that Mr Mwangangi’s agents were denied access to polling stations and did not sign forms as required.
Earlier on, a key witness in the petition told the Machakos Court that poll results were altered by a returning officer.
Samuel Mulei, who was a polling agent of Chama Cha Uzalendo party (CCU) on whose ticket the petitioner, former MP Francis Mwangangi, vied claimed Yatta Returning Officer made alterations to forms 35 A and 35 B and also denied party agents the opportunity to sign the forms.
But lawyer Bernard Mung’ata, appearing for Kilonzo poked holes in the witness’ submissions, saying his letter of appointment by CCU dictated that he was an ordinary polling agent and not the chief agent.
IEBC has lined up four more witnesses.