- “We will go to court and get an order. Seven days are over and they have not given us the documents. Time for our application is running out,” Kidero said.
- The law provides that the petition for a governor election shall be filed within 30 days of the declaration of results.
Image: ROBERT OMOLLO
Former Nairobi governor Evans Kidero has threatened to sue the IEBC for failing to supply him with crucial documents and information for him to file an election petition.
Kidero seeks to challenge the election of Homa Bay Governor Gladys Wanga, whom he lost to.
Last week, Kidero wrote to the Independent Electoral and Boundaries Commission to provide him with information regarding the governor election in the county within seven days.
“We will go to court and get an order. Seven days are over and they have not given us the documents. Time for our application is running out,” Kidero said.
In an interview with the Star Kidero said he wants the court to compel the commission to avail the items as they are public documents.
“Even the Azimio La Umoja One Kenya Coalition, when they wanted to get access to the IEBC servers, they had to make an application to the court,” he said.
The IEBC declared Wanga the winner of the governor race with 244,559 votes ahead of Kidero who garnered 154,182 votes.
However, the former Nairobi governor protested the results of the election, alleging foul play.
Wanga vied on an ODM ticket while Kidero was an independent candidate in the hotly contested election.
In his letter to the commission through his lawyer Okweh Achiando of the Okweh Achiando and Company advocate, Kidero sought 11 items, which he said will help nail his case against Wanga’s election.
The letter is dated August 22 and is stamped as received at the IEBC registry on August 24.
“Kindly note that we expect to receive the said documents in any event within the next seven days from the date hereof, to enable our client to actualise and realise his constitutional rights as enshrined in the constitution,” the letter reads.
The law provides that the petition for a governor election shall be filed within 30 days of the declaration of results.
Wanga was declared the winner on August 12, implying that a petition against her election should be filed by September 13.
Citing the right to access to information as enshrined in the Constitution and the IBEC Act, Kidero demanded all forms 34, 35, 36, 37, 38, and 37 A, B, and C.
This is in respect to all election forms prepared at and obtained from all polling stations and tallying centres in Homa Bay.
He also sought audit logs of all Kiems kits that transmitted data from polling stations to the tallying centres during the election.
Kidero also wanted to be given the Internet Protocol addresses of each Kiems used during the polls, as well as the specific GPRS of each of the gadgets used between August 8 and 11.
“We hereby request to be supplied with polling station allocation for each Kiems kit used in the aforementioned election,” the letter states.
In addition, he wants a count of the number of voters identified by each kit utilised, the count of votes identified alphanumerically and those identified manually.
Further, he seeks to be supplied with a copy of the manual register(s) used and poll diaries in respect of all polling stations within the county.
“In the event that we do not receive the said documents and information within the time prescribed above, we shall take legal action as we shall deem fit and appropriate,” Achiando said in the letter.
(Edited by Bilha Makokha)