Former Kibwezi East MP Philip Kaloki has suffered a major blow after the High Court dismissed his application for ballot boxes scrutiny.
Kaloki is challenging the reelection of Jessica Mbalu.
Justice Charles Kariuki on Thursday denied Kaloki orders to have ballot boxes in 66 polling stations in the constituency scrutinized to ascertain the validity of votes cast during the August 8 general election.
The court said Kaloki did not include the vote scrutiny prayers in the petition that is almost headed to a determination.
His petition only seeks fresh election conducted from the scrutiny of the system and technology the Independent Electoral and Boundaries Commission used.
The petition also seeks the scrutiny of forms 34A and 35B of the results announced in the constituency.
Justice Kariuki’s ruling at Milimani Court, Nairobi, was a reprieve to Mbalu since the case will proceed to a conclusion without any additional prayers from the petitioner.
“The case will proceed with final submissions to be done by February 16 and wait for determination,” Mbalu told Star.
Lawyers Peter Kanjama, B.M Mungata and Mutula Kilonzo Jr (Makueni Senator) are representing her in the case.
The hearing of the petition will continue being heard from Makueni High Court.
“The petitioner was on a fishing expedition because initially he presented some prayers and was provided with information he wanted. The case has been going on until recently when he again came up with the prayers of ballot box scrutiny,” Mbalu said.
She revealed that Kaloki’s prayers to scrutinize forms 34A and 35B were granted.
Kaloki filed the petition on September 7 last year claiming that widespread election irregularities saw him lose the seat to his opponent.
“The alleged irregularities included but were not limited to voter bribery, collusion between the 3rd Respondent (Mbalu) and the 1st Respondent (IEBC) through its agents on the various Polling stations and voter intimidation,” reads part of the petition.
Kaloki claims that his agents were also denied access to the polling stations by IEBC officials in addition to his agents denied the opportunity to sign Forms 35A.
Kaloki argues that this made it difficult for him to verify the validity of the results.
