Two petitioners who have sought the nullification of Nairobi Governor Mike Sonko’s win want a scrutiny of all forms used during the August 8 election.
In an application heard before Justice Msagha Mbogholi on Thursday, Mr Japheth Muroko and Mr Zacheus Okoth argued that the election in the county was not conducted in a manner consistent with the law.
Through their lawyer Velma Maumo, the two said the irregularities were deliberate and systematic, and meant to tilt the results in favour of Mr Sonko.
She told the court that the results were announced before all forms 37A and 34B were received from all polling centres.
Ms Maumo further said that not all forms were signed by agents and filled by the returning officer. She said some of the forms were not dated and the results contained could not be ascertained.
“It is these irregularities and anomalies that the court should see and make a determination,” she said, adding that some of the forms did not comply with statutory requirements and lacked security features.
“Non-compliance with the law makes the results null and void.”
The two petitioners also claimed that in some polling stations, the voter turnout was higher than the registered voters.
Mr Sonko, through his lawyers Harrison Kinyanjui and Cecil Miller, opposed the application arguing that the petitioners were attempting to introduce new evidence to the case.
Mr Kinyanjui told the court that the documents they were seeking were all supplied by the Independent Electoral and Boundaries Commission.
The court will rule on the matter on December 18.