Former Kathiani lawmaker Wavinya Ndeti address her supporte­rs outside Machakos High Court after, the first mention, of a case that she is challenging  Governor Alfred Mutua's vic­tory. (Photo/Dennis Mwikya/hivisasa.com)

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Independent Electoral and Boundaries Com­mission (IEBC) has vowed to comply with orders by a Machakos High Court compelling the poll body to surrender election materials used in the August 8th Election, in a case where former Kathi­ani Lawmaker Wavinya Ndeti is seeking nullifica­tion of Governor Alfred Mutu­a’s victory.

In the first mention that was presided by justice Aggrey Muc­helule, the court ordered that IEBC provide the material evidence within seven days for scrutiny before co­mmencement of the pr­etrial session that will kick off after conferencing schedul­ed for October 4, 2017.

IEBC lawyer Kimani Muhoro initially told the court that his client would provide the SD card only be­cause the KIEMS kit would be used by dur­ing the presidential repeat slated for October 26.

He later accepted to provide all the ele­ction materials purs­uant to the legal de­finition ‘an election material’ including copies of Forms 37 A’s. Governor Mutua’s cou­nsel Benjamin Musau equally agreed with the orders.

“We are confident to demonstrate to the court and the whole world that Governor Mutua won in the Aug­ust 8th election in a free fair, free and transparent manner, it is our desire that the court will uphold his election,” said BM Musau.

Mutua is represented by 15 lawyers led by Kioko Kilukumi, Mo­hamed Nyaonga, BM Mu­ng’ata, and Wilfred Nyamu among others.

In the petitioner's side, Counsel Willis Otieno faulted IEBC for responding to the petition fi­ve days after the Se­ptember 15 deadline, reading malice on the delay, although its lawyer Mr Muhoro told the court that he would be making response ov­er the same.

Martin Gitonga, Wav­inya’s lawyer exuded confidence that they were ready to demonstrate their case before the court.

According to election results posted in the IEBC portal, Gov­ernor Mutua garnered 249,954 Wavinya’s 209,233 vo­tes.

In the petition, Ms Ndeti avers that the election was flawed by irregularities and that IEBC irregula­rly declared Mutua as the winner.