A Kirinyaga court will rule on an application by Narc-Kenya Leader Martha Karua seeking to have the findings of the examination of the Kenya Integrated Election Management Systems (KIEMS) produced as evidence in court this Friday.
Karua told an election petition court in Kerugoya such evidence was crucial to back her case since the KIEMS contained information that would show when voting started during the disputed Kirinyaga gubernatorial elections.
“The KIEMS kit, if accessed shows the time the voting process started , who voted , and the time the polling stations were closed down since we have evidence some stations were opened earlier than 6am,” Karua told the court.
Through her lawyer C. N. Kihara, the petitioner wondered why the respondent Anne Waiguru was opposed to the production of such crucial report that will enable the court get a gist of what transpired on the Election Day.
She told Justice Lucy Gitari after she ordered the Deputy Registrar to go and oversee the scrutiny of the KIEMS in Nairobi, and the findings are expected to be filed in court.
“In my affidavit filed in this court, I have appealed for a copy of the said report of the scrutiny you ordered on November 23 last year, where the Deputy Registrar supervised the exercise and therefore does not see the reason Waiguru is opposed to the production of such findings.
The petitioner told the court such outcome would shed light and strengthen her assertion that the August 8, last year Kirinyaga gubernatorial elections were not free and fair.
Karua reminded the court that retired South African Judge Johannes Kriggler recommended to the government that elections must be free, fair and verifiable, a concept the IEBC adopted by agreeing to use the KIEMS.
But Waiguru vehemently objected to the admission of such a report since Karua should have filed it together with her petition within 28 days after the declaration of the results to which she did not.
Through her lawyer Paul Nyamodi, Waiguru said introduction of such evidence at this point was prejudicial to the electoral law.
“What the petitioner is doing is to introduce new evidence through the window on realizing time for such a move had already been overtaken by events and I urge this court to dismiss the application,” Nyamodi submitted.
Gitari told the parties she will rule on Karua’s application this Friday at 9am and further listed the petition to proceed from May 2- May 30 upon which the hearings will be concluded.
Karua will be expected to continue with her evidence on May 2, after which she will be cross examined by Waiguru’s lawyers before her witness start taking the witness box.