[Walter Nyambati (left) in a past event. High Court has ruled in favour of his application to have vote recount in Nyamira gubernatorial elections. Photo/Hivisasa.com]
A Nyamira Court has ordered recount of gubernatorial election in 90 polling stations in a case filed by Jubilee candidate Walter Nyambati against Governor John Nyagarama.
High Court judge David Majanja, in a clandestine ruling on Monday, said the petitioner was justified to be granted permission for scrutiny and recount.
"I hereby order recount in 90 polling stations are requested by the petitioner as a matter of natural justice. The recount should commence at a date agreeable to all parties," he said.
Returning Officer David Kiprono, through his lawyers and the third respondent, John Nyagarama had opposed the application citing it as 'unnecessary'.
But in his ruling, Majanja said, the respondents were not justified to challenge the application adding that it will clear doubts from the petitioner.
"No one will suffer prejudice in the event of the recount. It is therefore ordered that the court oversees the recount."
Earlier, a voter by the name Duke Ombagi, had made urgent application to have lawyer James Mamboleo, appearing for IEBC, to be axed on grounds that he was collaborating with the petitioner to strengthen the case.
Nyambati had applied for recount in 126 polling stations but the judge reduced them to 90 after thorough scrutiny on the request.