A polling officer accused of forging an affidavit that led to a legal battle between two election candidates has been allowed to challenge the charge at the High Court.
Resident Magistrate Martha Agutu agreed to delay charges against Peter Oyuko after his lawyers claimed the court lacked jurisdiction.
The primary school head teacher, who was a presiding officer during the ODM party primaries, will file his petition at the High Court today.
Mr Oyuko is said to have sworn fake affidavits indicating he submitted results that showed former MP Ayiecho Olweny beat Onyango K'Oyoo.
Oyuko is out on a Sh300,000 bond. The matter will be mentioned on October 17.
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