Waiguru to court: Governor Election was above board
SEE ALSO :Senators summon Sonko, WaiguruAt the centre of the appeal are forms 37, agents’ presence in polling stations and how High Court judge Lucy Gitari handled the case. “Having not availed the KIEMS (Kenya Integrated Election Management System) kits in court, this Kirinyaga election was not verifiable. Although the respondents say we did not complain about the results, my results were falsified in two instances. We discharged our burden to show there were doubts on results,” Karua argued. She further said her party agents were locked out of the polling stations, a claim Waiguru has disputed. The governor told the court that Karua’s application for Justice Gitari to withdraw from the case could not hold water as it was not supported by evidence. Volunteered evidence
SEE ALSO :Raila, Waiguru ease hostilitiesThrough lawyer Paul Nyamodi, IEBC argued that the Court of Appeal had no powers to revisit factual claims that Karua had presented. The commission also argued that in the event the court found it had powers to scrutinise facts, then it ought to find that Karua had misrepresented the same in her case. “The appellant has misrepresented all the factual issues before the court. Due process complaints cannot be the basis of nullification of an election properly conducted,” said Mr Nyamodi. He also argued it would be difficult for the court to order a retrial as the six months given to the High Court had lapsed. Electronic evidence
SEE ALSO :Waiguru rejects ward fund bidAccording to IEBC, Karua’s electronic evidence could not be used as it did not comply with the regulations. On forms 37, IEBC submitted that Karua was not challenging the results of the election. “The application for production of forms 37 by the appellant was then beyond the scope of her case. Her application was for scrutiny. The petitioner did not request empirical examination by the court. This was a fishing expedition,” Nyamodi said. The court also heard that Karua’s witnesses on bribery were declared incredible by the High Court. The IEBC also said Karua did not line up the agents who she claimed were barred from the polling stations.