Embu Governor Martin Wambora’s bid to have an election petition challenging his win struck off has been dismissed by an election court for lacking merit.
Justice William Musyoka said the application by Wambora relied on materials filed outside court record which cannot be relied upon.
Wambora had provided photographs of damaged ballot boxes but the Judge said he could not rely on since they had not been presented in court.
The application claimed the petitioner who is also former Embu Senator Lenny Kivuti tampered with ballot boxes when putting seals on the ballot boxes and locks in the storage rooms.
Kivuti was acting on a high court order to preserve the election materials to prevent manipulation as he cited.
Justice Musyoka claimed there is no direct evidence linking Kivuti or his agents to damaging of the ballot boxes.
He added that the IEBC did not adduce to any information that Kivuti or his agents tampered with the election materials.
“IEBC are custodians of election materials and they did not cite anywhere that ballot boxes were tampered with during the execution of the order. They claimed that they received the orders and worked closely with the petitioner’s agents. I read mischief in this,” he said.
The ballot boxes form the basis of the petition since the petition seeks for a recount and a re-tally of the gubernatorial votes. Kivuti claims that Wambora’s votes were inflated.
Kivuti had obtained the orders to preserve the ballot boxes from Embu resident Judge Florence Muchemi.
Wambora wanted the orders voided and make the petition illegal arguing that Justice Muchemi did not have the jurisdiction to issue them.
But Justice Musyoka said jurisdictions of High court judges to hear election matters is not derived from their designation by the Chief Justice.
“The Chief Justice may or may not designate high court judges to hear election petitions,” he said.
He dismissed the application with costs and ordered that new application will not be tolerated.
He slated pre-trial for November 14.
Wambora, through lawyer Kithinji Marete said he will appeal the ruling.