The Malindi Law Courts. [Photo/ the-star.co.ke]
A Malindi court has ordered the Independent Electoral and Boundaries Commission (IEBC) to seal all the ballot boxes in Lamu County after former Governor Issa Timamy filed an application seeking the boxes to be safeguarded. Timamy who filed the petition challenging the victory of Governor Fahim Twaha in the August 8 elections, feared the ballot boxes could be tampered with to conceal evidence. The former governor, who was accompanied by his lawyer Abubakar Yusuf had filed an application in court seeking to secure the ballot boxes used in the governor race, to ensure the votes are not tampered with.Timamy had also asked the court to scrutinise and recount the votes which IEBC used to declare Fahim Twaha Governor of Lamu. While delivering the ruling, Justice Dorah Chepkwony said she had considered the arguments by all concerned parties with regards to whether the court should grant prayer number two of the notice of motion allowing placement of additional seals on all the ballot boxes used on August 8, 2017 in the election of the governor for Lamu County. Justice Chepkwony said she had also considered the provision of Rule 16 sub rule 5 of the elections (parliamentary and county elections) petitions rule 2017. “It’s worth noting that it is important for evidence of elections to be preserved as it is with or without changing the character of the ballot boxes unless on good reasons,” said Chepkwony. The case will be mentioned on October 12 for parties to file written submissions on the prayers in the application to have scrutiny and recount of votes after which the court will give directions. Addressing journalists after the court hearing, Timamy said being allowed to seal the ballot boxes was their first win.