The High Court in Meru will on Friday hear a case where a ward rep candidate wants the reversal of a decision to hold a fresh poll after one person’s name was omitted from the ballot.
The name of Mr Hilary Sandi was missing from the ballot, but Mr Lewis Kithinji contends that residents of Nyaki West ward participated in the August 9 election of an MCA and he won.
Mr Kithinji, who ran under the Development Empowerment Party (DEP), argues that the Independent Electoral and Boundaries Commission (IEBC) should not punish him for its negligence by calling for a rerun on August 29.
He wants the court to nullify the IEBC directive and order the agency to declare him winner of the August 9 election and issue him with a certificate.
Claims win
Mr Kithinji, through his lawyer Tom Kataka, claims unofficial figures showed that he won the election though the North Imenti returning officer withheld the results.
He alleges that the IEBC only communicated that there would be a repeat election after the omission of Mr Sandi’s name from the ballot was discovered, long after voting had ended.
Mr Kithinji argues that he won at 11 of the 24 polling stations and repeating voting would disadvantage him.
“The other places where IEBC has called for elections on August 29 did not participate in voting for those seats,” Mr Kataka said.
Winner was not announced
“We want the court to rule that the poll outcome for Nyaki West be released since voting for the MCA seat went on but the winner was not announced. Mr Kithinji should not be punished because of IEBC’s mistake.”
Justice Edward Muriithi noted on Wednesday that the timelines were tight as the IEBC had slated the rerun for Monday, and ruled that the matter be heard on Friday.
He also directed the IEBC, a respondent in the case, to file its response by the close of Thursday.
Some 16 candidates had expressed interest in the seat now held by Martin Mworia Kiongozi. BY DAILY NATION