, NAIROBI, Kenya, Dec 19 – A voter challenging the election of Nairobi Governor Mike Sonko has lost a bid to introduce additional evidence to support his petition.
Justice Msagha Mbogholi dismissed the application by Japhet Muroko saying that the petitioner has not demonstrated that he failed to secure the evidence by the time of filing the petition.
The judge stated that the court cannot compel the Independent Electoral and Boundaries Commission (IEBC) to produce the election forms which the petitioner ought to have obtained and formed part of his exhibits.
“By seeking to adduce more evidence through affidavits will change the nature of the material evidence facts already filed in court has already been responded to by the defendants in the petition,” he said.
The judge said IEBC is mandated to safeguard all material used in a General Election and the petitioner cannot purport to seek the order to direct it what to do.
Sonko through two lawyers Cecil Miller and Harrison Kinyanjui had opposed the application by Muroko seeking to nullify his election in the August 8 poll.
They told the court that the petitioner lacks capacity to apply for an order to scrutinize the election materials used during the General Election.
They submitted that the application by the petitioner further seeking to file new affidavit should not be allowed.
“The petitioner cannot now seek to adduce new evidence which he ought to have filed together with election petition,” the court heard.