The petition was filed by Thomas Matwetwe, a voter, who told the court that the August 8 election for the constituency was marred with illegalities. [Photo/amicable.io]
The ruling on a petition challenging the parliamentary results for Bomachoge Borabu constituency will be made on February 22.
Presiding Judge Hellen Omondi, set the date on Tuesday after lawyers for both parties finished presenting final submissions.
The petition challenging Zadock Ogutu's win was filed by Thomas Matwetwe, a voter, who told the court that the August 8, election for the constituency was marred with illegalities.
He asked the court to order a scrutiny of the votes recorded to having been cast, rejected votes, void and spoilt ballot papers from all polling stations in respect of the national assembly election.
However, after hearing the petition, the Judge granted scrutiny and recount of the only Nyakorere polling station.
During the hearing, Kenyenya OCS was summoned by the court to shed some light over marked ballot papers that were alleged to have been found dumped at the roadside.
This was after the Counsel for the petitioner made an application to have the officer attend court and produce certain electoral materials which were recovered by one Zablon Otara Omuga, in the company of two others irregularly deposited by the roadside along Kenyenya-Nyagancha road early September.
The electoral materials were ballot papers for the parliamentary in respect of Bomachoge Borabu constituency and were all marked in favor of one candidate.
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