A voter in Kiambaa Constituency has moved to court to oppose the results of a by-election held on July 15,
George Thata Ndia has moved to court to oppose the results that declared UDA candidate John Njuguna Wanjiku the MP-elect. Jubilee party candidate Kariri Njama became second.
In an application filed by Njoki Mboce & Company Advocates at Kiambu High Court, Ndia alleges massive irregularities and malpractices in the mini-polls which he says denied him victory.
According to court documents, the Independent Electoral and Boundaries Commission (IEBC) has been listed as the first respondent while the Kiambaa Returning Officer Peter Kamau Muigai is listed as the second respondent.
Wanjiku has been listed as the third respondent.
“Petitioner contends that the massive electoral malpractices and irregularities in specific polling stations set out in paragraph 7 hereto substantially affected the outcome of the impugned Kiambaa MNA by-elections that led to the Applicant/ Petitioner’s being rigged out in favour of the 3rd Respondent,” Ndia argues in his petition.
Through his advocate Njoki Mboce, Ndia argues that there were discrepancies in the tally of his votes on the face of form 35B, figures entered in FORMS 35A and 35 B as obtained by the Applicant, irregularities on the face of the FORMS 35A and 35B, stuffing of ballot boxes, and inflation of results in favour of the 3rd Respondent.
Ndia also wants he be given read-only access to the copy of the IEBC servers and KIEMS kit used in the Kiambaa by-election.
He further argues that the IEBC and the returning officer have failed to avail the entire set of Forms 35A for Kiambaa Constituency and the authentic results of the outcome of the Member of National Assembly of Kiambaa Constituency.
In addition, the Kiambaa resident wants the court to order preservation of electoral materials to prevent the respondents and or their agents from interfering with a ballot paper or elections materials.
Njama had earlier indicated that he will move to court to challenge the UDA victory but he is yet to make the move.
