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MANDERA GOVERNOR ELECTION FOR GUBERNATORIAL FORMS TO BE SCRUTINIZED.

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Mandera County gubernatorial Hassan Noor leaving Milimani Law Court after court ordered for scrutiny.
BY SAM ALFAN.
High Court has ordered Scrutiny on forms 37A in Mandera County for the gubernatorial position

The judge noted that a scrutiny of the forms 37A may also provide the deputy registrar with relevant information.

The court further ordered the SD cards in respect to 3 polling stations to be examined.

The three polling are Al-Hidaya polling station, Olla Primary school polling station and Sukela Tinfa Polling station.

The presiding judge Fred Ochieng further directed the deputy registrar to supervise the process.

The court had earlier indicated that the information in the SD cards be scrutinized to verify the alleged differences between the declared results and the results on the forms 37 A which had been altered without the said alteration being counter-signed.

IEBC have however said that five of the 15 polling stations did not have altered results with the petitioner Hassan Noor Hassan insisting that there obvious alterations on the face of forms 37 A.

“In the light of the disagreement on the question as to whether or not there were alterations to the forms 37 A in the five polling stations, I reiterate the need for the learned deputy registrar to carry out the verification exercise,” reads the ruling.

Justice Ochieng said that whether or not there is either an alteration or a signature on a form 37A, is a matter should be very easy to ascertain.

The court also ruled that the significance or impact of the lack of either one or both signatures of the presiding officer and the deputy presiding officer must be addressed through the final submissions, which will be made by the trial judge.

In the case Applicant Hassan Noor Hassan is challenging the election of Ali Ibrahim Roba

Hassan Noor Hassan wants the court to nullify Roba’s election on grounds that the gubernatorial race was not conducted in accordance with the law guiding the exercise.

In suit papers lodged Monday at Milimani Law Courts, Noor claims ‘stranger’s well known to Roba of Jubilee Party were deployed as presiding officers to oversee the election.

According to Noor, people who had been trained by the IEBC as were not posted and in their stead Returning Officer David Mark Ade decided to use strangers.

It is Noor’s argument that results given by strangers cannot be relied on to determine the winner of the hotly contested gubernatorial race.

“It is apparent that the posting of strangers was deliberate to facilitate the electoral vices that took place,” he claims.

The RO declared JP’s Roba the winner of the gubernatorial race after garnering 71,890 against the petitioner’s 63,003 of Economic Party Forum.

KEMPINSKY OPPOSES CONSTRUCTION ON A NEARBY PLOT.

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Hotel Villa Rosa Kempinski in Westlands Nairobi.

BY SAM ALFAN.

The owner of the land housing the prestigious Villa Rosa Kempinski in Nairobi is opposed to the construction of an imposing office and hospitality structure on adjacent property.

High Court Judge Bernard Eboso Mweresa has allowed Simba Corporation Ltd to appeal against the decision made by the National Environment Management Authority (NEMA) on July 15, 2015, granting permission to Avic International Real Estate to construct the commercial edifice on its five parcels of land situated along Chiromo lane in Westlands, Nairobi.

NEMA had granted the firm a conditional environmental impact assessment licence to put up a 43-level office tower, a 35-level hotel tower, four apartment towers, two commercial podiums, a two-level bridge and associated facilities through Geoffrey Imende of Mohammed Muigai law firm.

Simba Corporation was aggrieved by the decision and petitioned the National Environmental Tribunal on September 15, 2015 to revoke the licence.

However, Avic International opposed the appeal and filed a preliminary objection on November 5, 2015 seeking to have it struck out.

The firm argued it had obtained all the necessary statutory approvals before embarking on the project and that the appeal was lodged beyond the statutory deadline. Further, the contentious issues were not within the tribunal’s powers and deserved to be dismissed, it said.

The tribunal, comprising Chairperson Jane Dwasi and members Francis Situma, Tom Ojienda and Maureen Mathenge, made a unanimous ruling on December 18, 2015, upheld the preliminary objection and dismissed the appeal by Simba Corporation Ltd.

Justice Eboso Mweresa in a 19 page ruling overturned the tribunal’s findings on the basis that Avic International did not offer evidence to prove that Simba Corporation had filed its appeal beyond the mandatory 60-day deadline after the licence had been granted.

He directed the tribunal to hear and determine the initial appeal by Simba Corporation.

The Judge said NEMA is under an obligation to serve upon all interested parties notices of its decisions, which are subject to appeal and have significant bearing on environmental management and investor projects.

“This will eliminate endless litigation which adversely affect investor projects and the country’s environmental management programmes,” he said.

High Court Judge Bernard Eboso allowed Simba Corporation Ltd to appeal against the decision made by the National Environment Management Authority (NEMA) on July 15, 2015, granting permission to Avic International Real Estate to construct the commercial edifice on its five parcels of land situated along Chiromo lane in Westlands, Nairobi.

NEMA had granted the firm a conditional environmental impact assessment licence to put up a 43-level office tower, a 35-level hotel tower, four apartment towers, two commercial podiums, a two-level bridge and associated facilities.

Simba Corporation was aggrieved by the decision and petitioned the National Environmental Tribunal on September 15, 2015 to revoke the licence.

However, Avic International opposed the appeal and filed a preliminary objection on November 5, 2015 seeking to have it struck out.

The firm argued it had obtained all the necessary statutory approvals before embarking on the project and that the appeal was lodged beyond the statutory deadline. Further, the contentious issues were not within the tribunal’s powers and deserved to be dismissed, it said.

The tribunal, comprising Chairperson Jane Dwasi and members Francis Situma, Tom Ojienda and Maureen Mathenge, made a unanimous ruling on December 18, 2015, upheld the preliminary objection and dismissed the appeal by Simba Corporation Ltd.

Justice Eboso overturned the tribunal’s findings on the basis that Avic International did not offer evidence to prove that Simba Corporation had filed its appeal beyond the mandatory 60-day deadline after the licence had been granted. He directed the tribunal to hear and determine the initial appeal by Simba Corporation.

The Judge said NEMA is under an obligation to serve upon all interested parties notices of its decisions, which are subject to appeal and have significant bearing on environmental management and investor projects.

“This will eliminate endless litigation which adversely affect investor projects and the country’s environmental management programmes,” he said.

The complex, which includes a 35-floor five-star hotel, had received the green light from a number of regulatory agencies, including the National Environment Management Authority (Nema) before Kempinski filed a petition with the environment tribunal, seeking orders against its construction.

In September 2015, Kempinski  got an order from the NEMA tribunal stopping construction of the complex until an appeal it has filed against Avic is heard and determined.

Kempinski reckons that Nema granted Avic an Environmental Impact Assessment (EIA) licence before concerns it raised about the multi billions shilling complex were addressed.

The court directed the appeal filed before the National Environment Tribunal in NET shall be heard and determined on merit.

 

KURIA TO PAY KARUA SH 6.5 MILLION IN DEFAMATION SUIT.

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Narc Kenya Party leader Martha Karua taking oath as she testifies in case which she has sued Muses Kuria on Wednesday September 20,2017/PHOTO BY S.A.N.
BY SAM ALFAN.

Gatundu South Member of Parliament Moses Kuria has been ordered to pay NARC Kenya leader Martha Karua 6.5 million shillings in a defamation case she had sued Moses Kuria for damages.

Judgement has been issued by justice Joseph Sergon this morning but to give details later.

The Narc-Kenya leader wanted Gatundu South MP Moses Kuria to pay her 20 million shillings as damages for claiming that she procured witnesses to fix Deputy President William Ruto at The Hague.

Karua had argued that the words uttered by Kuria damaged her image and reputation, as well as her standing as a politician, businesswoman, family woman and an advocate.

Gatundu South Member of Parliament Moses Kuria sued by Narc Kenya Party leader Martha Karua through his lawyer Senior Counsel Gitobu Imanyara over remarks he made in a political rally linking her to witness soliciting in order to fix the Deputy President at the ICC.

The Narc Kenya leader said that on the evening of Sunday, she was shocked to hear her name being adversely mentioned by the MP at a Prayer meeting held at Kapsikwony, Bungoma County.

Mr Kuria said that, he with others and Ms Karua were involved in drafting a letter that was sent to the International Criminal Court implicating the Deputy President for Crimes against Humanity

Karua denied allegations by Gatundu South MP Moses Kuria that she falsely procured witnesses to fix deputy president William Ruto before ICC.

While testifying in court, she denied meeting any officers from ICC  who came to Kenya to investigating the happening of post election violence in the country in the 2007/2008 after a disputed general elections.

But she confirmed attending a fundraising held at Gallileo that was attended by the current president Uhuru Kenyatta which was to raise money for victims of post election violence.

The former Justice Minister said she has never met or interacted with Moses Kuria personally and he first heard of him when he was summoned by the National cohesion and Integration Commission.

She told Justice Joseph  Sergon she was shocked while watching news at 9:00 P.M on Sunday 20 September ,2015 to hear  Moses Kuria mention her name to the effect that she met him together with others and drafted a letter to the international Criminal Court implicating deputy president William Ruto for crimes against humanity .

She said upon watching Kuria making the scandalous and malicious statement against her, she called lawyer Gitobu Imanyara to seek legal advice.

“I called my lawyer Gitobu Imanyara with view of seeking his advice on Mr.Kuria’s statement which I deemed to be highly libelous, defamatory, scandalous and were geared to portray me as a corrupt individual who bribed people to masquerade as witnesses against the deputy president” Karua told the Court.

The Narc Kenya Party leader strongly denied any involved in any act acts that were geared towards recruiting and coaching of persons to testify against William Ruto, neither did she author any letter , by herself of jointly with Kuria as he alleged.

Despite demanding Mr Kuria to retract and apologize, the MP went ahead and issued a press statement from parliament building in which he reiterated what he had said during the political meeting that had been disyuised as a prayer meeting for deputy president  william Ruto.

She said the legislator continued making the same malicious statement against her which was widely published both locally and internationally in the print which is injurious to her reputation globally.

Narc Kenya Party leader sued MP Moses Kuria through his lawyer Senior Counsel Gitobu Imanyara over remarks he made in a political rally linking her to witness soliciting in order to fix the Deputy President at the ICC.

The Narc Kenya leader said that on the evening of Sunday, she was shocked to hear her name being adversely mentioned by the MP at a Prayer meeting held at Kapsikwony, Bungoma County.

Mr Kuria said that, he with others and Ms Karua were involved in drafting a letter that was sent to the International Criminal Court implicating the Deputy President for Crimes against Humanity.

She in response contacted her lawyer Gitobu Imanyara who was of the opinion that Mr Kuria’s words were defamatory, libelous and actionable. Similarly, she held a press conference at her NARC KENYA offices where she demanded an apology from the MP.

She said that instead of apologizing, Mr Kuria held a press conference at Parliament buildings where he reiterated the same words he had spoken at Kapsikwony.

“In addition, he stated that I met him together with others at Club Galileo in Westlands where we devised a scheme to recruit witnesses against the Deputy President for the case against him,” Ms Karua said.

Following the disputed General Elections of December 2007, the ensuing Post Election Violence in 2007/2008 and mediation efforts led by Mr. Kofi Annan, Ms Karua was appointed Justice and Constitutional Affairs minister.

She would, in her stature as minister for Justice and Constitutional Affairs, extensively interact with the various efforts and commissions involved in investigating the events of the Post-Election Violence, the Victims of the said Post Election violence as well as investigators from the International Criminal Court as Government of Kenya representative.

Ms Karua stated that Kuria’s statements have highly injured her reputation implying that she was not a diligent and trustworthy public servant as a Minister for Justice and Constitutional Affairs and that she was involved in bribing people to testify against the Deputy President.

“Unless the Defendant is compelled by this Honorable Court to cease from maligning my name and further injuring my reputation, I stand to suffer irreparable harm from his reckless and unwarranted attack on my integrity on grounds which he cannot substantiate,” the Narc Kenya chair said.

Lawyer Imanyara in the same light said that the words were calculated to paint the Ms Karua in negative light as the person behind the Criminal Case against the Deputy President, which words were scandalous, malicious, unwarranted and defamatory in the extreme.

He said that the words implied that Ms Karua had a corrupt interest in the ongoing cases at the ICC and had obtained corrupt benefits or advantages during her tenure as a Minister for Justice and Constitutional Affairs.

The lawyer also said that Mr Kuria implied that, “The plaintiff was a part of a criminal enterprise gang comprising of among others, the Defendant whose principal purpose was to interfere with the administration of justice at the ICC in breach of the Statute of the International Criminal Court and the Kenyan penal laws.”

Mr Imanyara also cautioned the court that pending the hearing and determination of the suit, Gatundu south MP should be restrained from issuing any statement on any media platform that pertains to the Applicant and her reputation, or in any manner from mentioning the Ms Karua’s name in any forum as would be defamatory, libelous and injurious to her reputation.

“Today I want to state it as it is. Whoever gets annoyed is his problem. When we had election violence in Kenya we had PNU and ODM. Each party was seeking victory. I was in PNU with MP Serut. All of us rushed to the ICC… I was part of the team that wrote a letter to the International Criminal Court and this was political theatrics and we need to tell Kenyans the truth…. I am ready to call on Martha Karua…come and tell us that this was only a political game”

LINTURI BID TO INCLUDED ON GRADUATION LIST FLOPS.

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Meru Senator Mithika Linturi..

 

BY SAM ALFAN.

High Court Judge George Odunga has declined to issue orders compelling UON to include Meru Senator Mithika Linturi’s name in Friday’s list of graduands.

Judge Odunga says Linturi has not convinced the court what irreparable damage he will suffer if he does not graduate.

He further directed parties to expedite the case.

The case will be heard on February 20.

The ruling means that Linturi will not graduate this Friday.

Meru Senator Mithika Linturi said that the EACC is behind his fake papers saga.

The senator has challenged a decision by the university to revoke a degree he acquired there.

The consequence of the revocation stopped his pursuit for a masters degree in law at the same university.

It is alleged that he presented fake papers to acquire admission.

Linturi says that his tribulations started way back during the campaign period when his political opponents Milton Mugambi Imanyara and then Meru Governor Peter Munya swore that they would do anything to ensure that his name was not in the ballot box for the 8th August general elections.

He claims that the political war was taken over by EACC.

Through lawyer Prof Tom Ojienda, Linturi says that he was summoned by EACC to appear before it for investigations on the 30th of May 2017.

“EACC had conclusively investigated the allegations that Linturi self-declaration forms for 2013 elections filed with IEBC were falsified,”reads court papers.

According to Linturi he was admitted at the University of Nairobi on 3rd January 2014 and was positioned to graduate on 22nd of this month with a Bachelors of Laws Degree.

However on 30th of November just 21 days to his confirmed graduation while watching news he learnt with shock that the University had deregistered him for allegedly having fake degree from Dr. Babasaheb Ambedkar Marathwada University.

He now wants the court to quash the decision dated November 30 by University if Nairobi to deregister and discontinue him as its student.

Similarly, he wants the University compelled to reinstate his name in the graduation list for December 22 this year.

He says that if the orders are not granted then he will not be able to graduate.

Linturi says that UoN failed to inform him in writing that it was investigating his degree from Dr. Babasaheb Ambedkar Marathwada University with the aim of deregistering him as a student in violation of Article 47 of the constitution.

He says that it was illegal, unreasonable and an utter show of bad faith for UON to de-register the applicant without conducting its own independent investigations informing him and at the very least affording him his right to be heard.

He claims that the actions of UoN tell of nothing but a public body that has allowed itself to be used illegally by the EACC in an utter unapologetic show of abuse of power to harass, intimidate and violate his rights to education

RULING ON KRA BOSS TENURE TO BE KNOWN BEFORE JANUARY.

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Kenya Revenue Authority (KRA) commissioner general John Njiraini.
BY SAM ALFAN.

Kenya Revenue Authority (KRA) boss will know his fate before 2018.

Employment and Labour Relations will rule over his tenure will be ruled on the 29th of this month.

The court was told that John Njiraini has not sought for an extension of his contract as the commissioner General of the Authority.

KRA argued that allegations touching on mandatory retirement and that Njiraini should be sent on compulsory leave for six months as pleaded by Omtata are baseless and made prematurely.

KRA said that Njiraini’s appointment with KRA is governed by an act and a valid contract has a provision on termination.

The court was told that an interim order as prayed by Omtatah would amount to a summary determination of Njiraini.

Through its lawyer the court was told that Njiraini’s tenure is due to expire in March 2018 and the remaining period is adequate to enable it take necessary steps to recruit another commissioner general of KRA

Activist Okiya Omtatah moved to court seeking to have KRA Board stopped from extending KRA commissioner general John Njiraini tenure.

The city activist also wants the court to immediately retire Njiraini and simultaneously commence the process for recruiting and appointing a new Commissioner General for the Kenya Revenue Authority in strict compliance with the law.

He claims that the impugned intended extension of the tenure is discriminatory against all those public officials who have exited the public service upon turning 60 years of age.

Omtatah argues that from the time Njiraini turned 58 years of age, the board together with National Treasury Henry Rotich were under obligation of the law to commence the process of identifying his possible successors to enable Njiraini’s smooth exit from the service when he attains the mandatory retirement age of sixty (60) years.

Omtatah claims that Njiraini having been born on 20th December 1957, he ought to have vacated office and proceeded on the mandatory six months terminal leave pending retirement.

He further argues that he believes that Njiraini will on 19th December 2017, attain the mandatory retirement age in the public service of 60 years.

Omtatah has also faulted KRA board of directors and the Cabinet Secretary, National Treasury Henry Rotich for retaining John Karimi Njiraini in the public Service of the Kenya Revenue Authority contrary to government policy to send exiting CEOs on six months terminal leave pending their Retirement from the public service upon their attaining the age of 60 years.

“The petitioner is inviting the honorable Court to intervene and determine the constitutional and legal validity of the impugned extension of service for the Interested Party,” reads the petition.

He says that keeping the KRA boss in employment beyond the

Mandatory retirement age of 60 years for public servants will be illegal and Unconstitutional and, therefore, invalid, null and void.

He now wants the court to prohibit the board whether by themselves, or any their employees or agents or any person claiming to act under their authority from keeping Njiraini in public employment beyond the 19th day of December 2017.

RENEW AIRTEL OPERATING LICENSE WITHOUT FURTHER DELAY, GOVERNMENT ORDERED.

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Airtel Kenya.

BY SAM ALFAN.

Judge warns government from demanding additional license fees from Airtel.

Justice George Odunga quashed a Communications Authority of Kenya (CA) demand of Sh2 billion from Airtel Kenya as frequency spectrum fees.

The money was to be paid within 14 days without any further delay.

Justice Odunga also gave an order to prohibit the CA by itself, agents, employees or whosoever from taking any steps, actions or measures to enforce its decision demanding the money from Airtel.

“It is therefore my view that the respondent’s decision to demand the applicant pays Sh2 billion within 14 days from the date of demand for the zeal of meeting annual tax targets, is not such an overriding interest from the reasons set out in the judgement to justify its failure,” Judge Odunga ruled.

He also gave orders compelling CA to give Airtel company a license without any further delay.

“If discussions said by Airtel were concluded, then the respondent was bound to issue the applicant with a licence incorporating the new terms and conditions and bearing the applicant’s name,” the Judge said.

The Communication regulator demands were contained in letters sent to Airtel on June 23 and July 25 2017 as a condition for the renewal of their network license.

Airtel claimed that its newly-acquired licences are due to expire on January 27, 2025 but shortly after it paid the Sh718 million in December 2014, the CA shifted goalposts and demanded an additional Sh2.062 billion as a condition for renewing Airtel’s licences.

LET AFRICOG BE, JUDGE TELLS GOVERNMENT.

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High Court Judge George Odunga government to stop meddling in NGO's activities.

BY SAM ALFAN.

The High Court has warned the government to stop meddling in NGO’s activities.

Justice George Odunga quashed a decision by the NGO regulator ordering the close down of Africog operations.

The judge also ordered CBK not to take any measure aimed at freezing Africog bank accounts.

Similarly the court barred the Director of Public Prosecution from arresting and instituting criminal proceedings under the NGO Act relating to activities and operations of Africog .

“I have said enough to show that the Notice of Motion dated 28th September 2017 is merited. I however agree that the Central Bank of Kenya ought not to have been dragged into these proceedings, It is however clear that it was the NGO board misplaced letter that provoked that cause of events,”ruled Justice George Odunga.

This is following Africog Director Maina Kiai requesting the court seeking to stop the government from interfering with its operations.

They argued that the NGO Coordination Board boss, Mahamed Fazul, on his own accord and on behalf of Cabinet Secretary for Interior and the NGO Board have no role whatsoever to interfere with their operations.

The lobby group said that Fazul’s decisions cannot be reasonably justified in a democratic society and underscored by sovereignty of the people, constitution delegation and delimitation of powers, good governance and the rule of law.

Other directors are Mr John Githongo, Dr. Fumni Olonisakin, Stella Chege, Donald Deya, Charles Wanguhu and Gladwell Otieno.

COURT DENY TWO ACCESS TO KIEMS KITS IN GOVERNOR SONKO’S ELECTION CHALLENGE.

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Nairobi Governor Mike Sonko lawyers Harrison Kinyanyui and Cecil Miller inside the courtroom after high court dismissed petitioners application/PHOTO BY S.A.N.

BY SAM ALFAN.

You will not access KEIMS kits, Judge tells two challenging Nairobi Governor Mike Sonko’s election.

High Court Judge Msagha Mbogholi dismissed an application seeking to access the KEIMS kits and admit additional affidavits.

He said that the petitioners failed to lay a basis to be allowed such orders allowing access.

The judge said that the petitioners prayers seeks only production of the original statutory forms but also leave for use of a reading device for purposes of distinguishing the forms saying that it is a generalized prayer in terms of scope and also seeks to extend a process of auditing the forms to distinguish the genuine from the ones that are not genuine.

“In the end, the application must fail and is hereby dismissed,” court ruled.

The two petitioners wanted the court to allow them file further affidavits saying that IEBC failed to supply them with copies of all the statutory forms

Responding to the application through lawyer Cecil Miller, Governor Sonko and the IEBC said that allowing admission of further affidavits would be tantamount to amending the petition adding that no reasonable explanation was given for the failure to file that affidavits at the time of filing the petition.

IEBS said that KIEMS kit were submitted for reconfiguration for use in the repeat presidential election.

SCHOOL GIRL TO BE PAID MILLIONS AFTER BEING STRIPPED BY POLICE.

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High Court Judge John Mativo who has awarded 4 million to a girl was stripped naked by police as they searched for drugs.

BY SAM ALFAN.

A school girl whose nude photos were circulated on social media during a police search has been awarded Sh4 million.

The girl was stripped naked by police as they searched for drugs.

The girl was among a group of students whose school bus was intercepted by police on Karatina Road on August 5, 2015 after members of the public informed the police that the bus was playing loud music and the children appeared intoxicated.

The police stopped the vehicle and conducted a thorough search and found bhang hidden in the girl’s undergarments.

The school girl was charged in court the following day, where she pleaded guilty and was sentenced to 18 months probation.

Human rights defenders took up the case after photos of the search were circulated on social media.

Justice John Mativo said the photographing and publication of her photos was harmful as it invaded her privacy and lowered her dignity.

“I conclude that the search was illegal in that it violated the provisions of the Children’s Act, Article 53 of the Constitution, the right to dignity and not be subjected to degrading treatment and international conventions protecting the rights of children and statutory provisions governing police conduct while searching women,” the Judge said.

The court in addition said it was wrong for the two female cops to search the girl in front of other students and male officers.

Although the Judge said it was difficult to quantify the amount to be paid to the girl, he said Sh4 million would be reasonable.

The Judge, however declined to quash her conviction saying she should have appealed against the sentence or ask for a review.

COURT ORDERS RECOUNT IN MANDERA SENATORIAL PETITION.

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Economic Freedom Party Noor Hassan (left) Noor,accompanied by politician Hassan Osman, leaves milimani law courts/FILE PHOTO.

BY SAM ALFAN.

High Court has ordered scrutiny and recount of votes in 11 polling stations in Mandera County for Mandera Senatorial position.

This is after successful application by Hassan Aden Osman who was contesting for Mandera senator.

Justice Francis Tuiyott directed the recount of Ado Saden,Lanquara,Al-Hidaya Primary school,Olla Primary School, Kubi Primary, Olla Primary school(2), Garsey Primary School (1), Morothile Primary School, Kalicha,Primary school,Korma Adow Polling station and Sarman Primary School

Justice Tuiyott said in respect to Korma Adow polling station shall extend to the reading of the logs and Coordinate of the KIEMS KIT to establish whether voting took place at the Gazetted location.

” ICT officers from IEBC shall assist in this exercise under the direction of Deputy Registrar” said Toiyott.

The judge further ordered recounts to be supervised by the deputy Registrar of the commercial and Tax Division of High Court at Milimani Court.

Each of the parties shall appoint a minimum of 3 agents during every course of the exercise..

The Deputy Registrar shall file her report by 15 of January.

Aden Osman who garnered 62,769 against Muhamud’s 71890 claims that the election was marred by massive irregularities.

Osman wants the election Mahamud nullified and a fresh election on the senatorial seat conducted in Mandera.

In the petition filed at Milimani Law Courts, the petitioner claims that there were discrepancies in figures entered in forms 38A and 37B.

Osman is seeking the court to have IEBC give log in a trail of users and equipment into their servers and Log in a trail of users into the KIEMS database management systems.

Osman filed the petition soon after the Mandera Gubernatorial aspirant Hassan Noir filed his seeking a repeat of the gubernatorial seat of Mandera.

Noor also argues that the gubernatorial elections were marred with irregularities as most of the voters who are illiterate in the area were misled during voting.

Both further added that some of the residents were turned away without having cast their vote.