IEBC ordered to avail Forms 37A and 37B in Waiguru versus Karua petition

IEBC had rejected to comply with the earlier directive of the court.

Kerugoya High Court on Wednesday ordered the IEBC to submit all the forms used in the August 8 polls, deadline being Friday.

High Court Justice Lucy Gitari told IEBC lawyer to hurriedly submit the Forms 37As and 37B which were used to tabulate and announce former Devolution CS Anne Waiguru the victor in the polls. Mrs Gitari said that the petition awaited the submission of the crucial documents before it could begin hearing sessions.

Earlier, Martha Karua’s lawyer, Gitobu Imanyara, had complained that the IEBC had failed to avail the requisite forms for perusal in the bid to solidify their argument in court.

“Your honour, we are yet to be served by the IEBC with all documents we requested. We fear the respondent wants to sabotage our preparations and make our case falter when the hearing commences,” Mr Gitobu told the court.

Through her lawyer, Mrs Karua also urged the court to allow access to the IEBC servers and the entire transmission system claiming that the system might have been manipulated to favour her rival Jubilee’s Anne Waiguru.

She argued through her lawyer that the IEBC only supplied raw Forms 37As which, in fact, could not be verified. She argued that the supplied forms bear forgery characteristics and could not be relied on.

Her party, which is enjoined in the case, had earlier requested the court to order for preservation of all election material used in the election. The party expressed fears that important information could be tempered with if the IEBC reconfigures the KIEMs kit for preparation for the repeat presidential election slated for October 26.

Narc Kenya party leader challenged the victory of former Devolution CS Anne Waiguru – who was forced to step down due to the NYS scandal – over what she termed he robbed victory.

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