The High court in Homabay has ordered the IEBC to avail key election data and materials for scrutiny in the electoral case against the current governor Gladys Wanga.
In the order issued by Homa Bay High Court Judge Justice Roselyne Aburili, the IEBC and the county returning officer Fredrick Apopa have been directed to provide all kiems kits used for scrutiny.
“It is hereby ordered as follows; that the first and second respondent (IEBC and returning officer) be and hereby directed to avail to court for purposes of the scrutiny and recount of the Kenya Integrated Election Management System kits,” the order reads.
IEBC has also been ordered to avail the Secure Digital cards used in the gadgets in its custody for scrutiny by the court. Kiems kits are the technology used by the polls agency to identify voters during the August 9 General election.
The court also directed the IEBC to avail all the original polling station diaries for the polling stations that Kidero has claimed witnessed massive vote manipulation.
The order says that the court will compare serial numbers on the seals and in polling diaries and verify the same with copies already filed in court.
The case, in which Kidero alleges massive poll manipulation is currently being heard in the court in Homa Bay. Kidero ran as an independent candidate and lost to Wanga who vied on an ODM party ticket.
Homa Bay Governor Gladys Wanga has appealed to the Court hearing the petition against her election to uphold it because she won fairly.
Wanga said the allegations of voter bribery, violence and intimidation presented and shown before the court by petitioner Evans Kidero are unfounded and cannot be substantiated.
She took to the dock to defend herself against claims by Kidero that she did not win the Homa Bay gubernatorial race fairly in the August 9 election.
In the polls, Wanga, through the county Independent Electoral and Boundaries Commission officer Fredrick Apopa, won after garnering 244,559 votes while Kidero became second with 154,182 votes while UDA’s Mark Rabudi was third with 1,244 votes.
The results also saw Wanga win in seven out of eight constituencies.
“My prayer to this honourable court is to uphold the election because Homa Bay people unequivocally spoke at the ballot. We carried the aspirations of the people and that’s why they voted in our favour,” the county chief said.
Testifying before presiding judge Justice Roselyn Aburili, Wanga said some allegations levelled against her election were because of gender discrimination.
Kidero has sued the governor, her deputy Oyugi Magwanga, IEBC, Apopa and ODM party.
“The petitioner here is among those who didn’t believe that I as a woman could win [an] ODM ticket to run for governor seat,” she said.
Last week, Kidero and some of his witnesses accused the governor and ODM of subverting the will of Homa Bay people by wrongly nominating her and causing chaos to win election.
Some of the witnesses include ODM chairman for Ndhiwa constituency Ogina Nyabola who told the court that the party undermined the people by issuing direct ticket to Wanga.
During cross-examination by Kidero’s lawyer Julie Soweto, Wanga said she was given a free ticket after a consensus. The consensus involved engaging gubernatorial aspirants who were battling for ODM ticket.
