, NAIROBI, Kenya, Aug 15 – The High Court will on Tuesday make a ruling in a petition in which Lenny Kivuti wants the gazettement of Martin Wambora as Embu Governor stopped.
Kivuti argues he was the winner in the county’s gubernatorial contest but the votes were altered in favour of Wambora.
Through his lawyer Tom Ojienda, he accused local IEBC officials of conspiring with Wambora to deny him victory and then failing to supply him with form 37A and 37B, which detailed the tally.
“This is a constitutional application to secure materials that were used in the election for the post of governor. We are apprehensive that the materials may be interfered with,” he stated.
Ojienda said if the court declined to order the safe custody of the ballot papers, Kivuti stood to suffer irreparable damages.
Lawyer Wilfred Nyamu who also represented him argued that Kivuti had actually beaten Wambora by 487 votes but IEBC ignored the right tally.
“Some ballot papers for Runyenjes have been tampered with to the point of putting water in the ballot boxes. We are apprehensive that IEBC could further tamper with the forms or interfere with records in a manner that will expose Mr Kivuti to loss of evidence that he could use in the election petition,” he said.
Kivuti wants the court to order IEBC to place all the ballot materials used in the Embu governor’s contest placed in its custody saying they were not safe with the electoral body.