The Independent Electoral and Boundaries Commission (IEBC) has opposed an application by former Trans Nzoia Senator Henry Ole Ndiema seeking orders to scrutinize elections materials used in the August 8 general election.
IEBC which is the third respondent in a case in which Ole Ndiema is challenging Michael Mbito's win claims application for scrutiny of elections materials is meant to be used as an exercise of sourcing additional evidence by the petitioner.
While giving submissions on the application at the Eldoret High Court on Wednesday, IEBC lawyer Benson Gitonga further said orders being sought were not specific.
"Sec 82(1) of the Elections Act and Rule 29 of Election Petition rules clearly states that a part can only seek scrutiny of election materials by stating specifically by the application before this court is general in nature," Gitonga said.
Ole Ndiema's lawyer Paul Nyaosi, however, dismissed the argument saying their applications had specific allegations against specific polling stations in the county.
Eldoret High Court Judge George Kimondo will make a ruling on whether the scrutiny of election materials will be granted or denied on November 30.
During the August 8 poll, IEBC declared Michael Mbito, a Jubilee candidate as the winner of the Trans Nzoia Senatorial seat after garnering 71,471 votes ahead of Ole Ndiema of Ford Kenya who had 70,846 votes.
Ndiema has however disputed the results claiming there were massive irregularities and is seeking the results nullification.