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Judge gives directions on Steve Mbogo petition against Jaguar


A judge has ordered the Independent Electoral and Boundaries Commission (IEBC) to file at the High Court all Forms 35A and Forms 35B for Starehe Constituency Nairobi County.

Mr Justice Fred Ochieng directed lawyer Titus Tiego for IEBC to avail all the  Forms 35A and 35B to the deputy registrar of the High Court by Thursday 4pm.

“I direct IEBC to avail all the Forms 35A and Forms 35B in preparation for a scrutiny,” Justice Ochieng directed.

The judge gave the directions in the petition filed by ODM candidate Steve Mbogo challenging the election of Starehe MP Charles Nyagua alias Jaguar.

WITNESSES

The court also ordered IEBC to avail all the SD cards to the deputy registrar of the High Court Ms Elizabeth Tanui by 4pm.

In the petition Mr Mbogo is asking the court to declare the election of Mr Njagua a nullity. He intends to call seven witnesses to prove his case.

On October 30 the court will decide whether or not to admit an affidavit filed by a forensic auditor who analyzed the entire polling in Starehe.

Mr Tiego opposed the admission of the evidence of the expert saying it was filed in court out of time.

Mr Mbogo is being represented by lawyer Antony Oluoch who is also Mathare ODM MP.

Mr Oluoch urged the court to admit the affidavit and allow the expert witness to testify so that justice can be done.