Kenya: Supreme Court Says Will Only Allow Scrutiny of Ballot Papers From 41 Polling Stations

31 August 2022

Nairobi — The Supreme Court has said they will only allow scrutiny of ballot papers from 41 polling stations, following demands by various petitioners over the same.

Justice Isaac Lenaola made the ruling Wednesday afternoon following a stand off after each of the three petitioners demanded to be allowed to scrutinize ballot papers from a different number of polling stations.

According to Lenaola, petitioner Otieno Ogolla wanted to be allowed scrutiny in 229 polling stations, Njoki Mboshe 238 stations and first petitioner (Raila Odinga and Martha Karua) asked for 517 stations, a request Lenaola found to impossible to comply with given the strict timelines.

"The IEBC shall only provide the 32As and 34As book two from 41 polling stations that are in the affidavit of Celestine Anyango, and that is the only way that exercise can have a meaning. we can not allow you to go outside your pleading because we are now creating a new case out of these forms," stated Lenaola.

Justice Lenaola directed that the scrutinized forms will serve as a sample which counsel for applicants will submit in accordance with their pleadings.

"The exercise should be completed 2 pm tommorrow. What will be undone will remain undone," he directed.

Lenaola also clarified that scrutiny of the servers is ongoing, after a standoff was reported at IEBC office, with applicants claiming that they had been denied access to the IT system.

Lenaola asked applicants to report any issues that may arise Thursday morning.

"We are aware of the issue and as we are speaking the exercise is ongoing but incase there is a problem raise it tomorrow," he said.

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