Kisii High Court Judge Winfridah Okwany dismisses an application of recount and scrutiny of Bomachoge Chache MP petition. [Photo/Kwamboka]
Kisii high court has dismissed the application for recount and scrutiny of Bomachoge Chache Member of Parliament votes.
The case was challenging the victory of Mr Alfha Miruka.
Judge Winfridah Okwany said there was no sufficient ground for the application for a recount and scrutiny of votes to be granted.
The Judge states that the petitioner didn't specify the polling stations which were to be granted recount and scrutiny.
Ms Okwany said that the margin difference that Mr Miruka garnered was big.
"The margin of 15, 000 votes is big, that can't grant the scrutiny of votes, " she said.
She further said that in the affidavit of the petitioner didn't adduce an affidavit in court to state that the agents were denied to access the polling stations to sign form 35A.
Jeremiah Matoke the petitioner filed a case claiming that the total number of votes the elected MP garnered were manipulated.
In the affidavit, Mr Matoke said that 37 polling stations votes were manipulated and asked the court for the recount and scrutiny of ballot papers.
He also cited that form 35A was not signed nor stamped by the IEBC officials.
The petitioner also alleged that the agents were barred from accessing the polling stations and also deny a chance to sign the forms.
Miruka was represented by Counsel Okong'o Omogeni and IEBC lawyer Christine Olando.
Matoke 's lawyers are Justine Nyaberi and Nyabuto Oonge.
Miruka (KNC) garnered 19,162 votes against Jeremiah Matoke (ODM) 4,178.
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