Former Nairobi Governor Dr. Evans Kidero has requested the High Court to include him in a petition challenging Mike Sonko the current Governor. Through his lawyer Tom Ojienda, Dr Kidero said he possesses evidence that will aid the court arrive to a fair decision.
Having participated in the gubernatorial election as an ODM candidate and losing it to Sonko, he maintains he should be included because he has stake in the petition.
However, Sonko dismissed his application questioning why he is willing to join the case at a late date. Mr Sonko, speaking through his lawyers Harrison Kinyanjui and Cecil Miller, told Justice Msagha Mbogholi that Kidero is seeking to join the case to introduce new evidence, a move that is malicious to Sonko.
Sonko’s election was challenged by two voters – Japheth Muroko and Zachaeus Okoth. Dr Kidero claims that more than 60 per cent of the Forms 37A, used to declare Sonko the winner, had irregularities.
He said some of the forms had multiple anomalies, others had no polling station tallies and others lacked vital security features. The anomalies affected over 308,918 votes, Dr Kidero argued.
Kidero said among the 798 of the 1,300 Forms 37A used, some were not signed by the agents and presiding officers, others had varied dates yet they were announced from the same polling station, while others were not stamped
In reply, Mr Sonko questioned Dr Kidero’ sources of electoral data. He said the quoted figures were not contained in the forms. Mr Sonko also dismissed claims that agents from other parties were barred, and asked the court to dismiss this claim because Dr Kidero did not name the affected polling stations. Sonko further argued that the application by Kidero to join the case is an afterthought.
The IEBC also questioned why Dr Kidero did not file a petition to challenge Mr Sonko’s win within the 28 mandatory days given by the law. The Independent Electoral and Boundaries Commission said Dr Kidero only sought to join the case as an interested party 52 days later. Justice Mbogholi will give his ruling on November 16.