The High Court has rejected an application by former Kibwezi West MP Patrick Musimba for scrutiny and recount of votes cast in Makueni county gubernatorial election during the August 9 polls.
Mr Musimba contested the gubernatorial position but lost to Mutula Kilonzo Junior after garnering 63,252 votes compared to the latter’s 214,088 votes.
Other than the scrutiny and recount of votes, Mr Musimba wanted an audit of all equipment, system and technology as well as complimentary manual register used by the Independent Electoral and Boundaries Commission during the election.
But Justice John Onyiego rejected the application saying a general condemnation of results in the entire 1,130 polling stations in the county, without pointing out the exact wrong committed in each specific station is an exercise in futility.
The judge said to engage in a recount exercise in the entire county is too much to bite with limited resources at hand. “It is not the duty of the court to play the role of IEBC post-election,” he said.
Mr Musimba argued that the electoral body to provide functional KIEMS kit system of elections to ensure that there were credible, free and fair and transparent election. He claimed that 140 Kiems kits were not in operation in Makueni county as at the time the voting started.
He said the scrutiny will assist the court in determining the case.
Mr Kilonzo Junior opposed the application arguing that the application was vague and Mr Musimba was engaging the court in a ‘fishing expedition’.
He said the former MP did not lay a basis to require examination of all ballot boxes and counterfoils for the gubernatorial election.
Justice Onyiego said Mr Musimba did not state the reasons why he needed Kiems kits and how the alleged malpractice to be disclose after the scrutiny.
“In a nutshell, the petitioner has not met the necessary threshold to warrant an order for scrutiny,” the judge said.
