A voter in Kiambaa Constituency has moved to court to oppose the results of the Kiambaa parliamentary by-election.
In a petition, George Thata Ndia says there were irregularities and malpractices citing that the returning officer allegedly colluded with some people and rigged out the Jubilee candidate in favour of United Democratic Alliance (UDA) candidate.
The mini-poll results declared UDA candidate John Njuguna Wanjiku the MP-elect while the Jubilee party candidate Kariri Njama became second.
“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,” read the petition.
Through Njoki Mboce and Company Advocates, the petitioner raises several discrepancies in the tally of the votes on the face of form 35B, irregularities on the face of the forms 35A and 35B, stuffing of ballot boxes, and inflation of results by the 1st and 2nd respondents in favour of the 3rd respondent, the UDA candidate.
Additionally, the petitioner accuses Independent Electoral and Boundaries Commission (IEBC) officials and the returning officer Kiambaa Constituency of using his personal mobile phone to recruit presiding officers and deputy returning officers in some stations.
Further, he argues that the IEBC 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.
The petitioner now 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.
Additionally, he wants to be given read-only access to the copy of the IEBC servers and KIEMS kit used in the Kiambaa by-election.
After the results were announced, Jubilee Party expressed dissatisfaction in the manner in which the IEBC handled the mini-poll in Kiambaa pledgeding to move to court to challenge the result.