The High Court will rule in two weeks on whether Starehe MP Charles ‘Jaguar’ Njagua’s election petition will be upheld.
Justice Fred Ochieng is set to deliver the judgment after rival Steve Mbogo challenged Jaguar’s victory.
Last month, the court declined to grant Mbogo an order for scrutiny and recount of votes cast in his favour.
Ochieng said it appeared Mbogo asked for scrutiny because he hoped to use it to get more information, which could be useful in his petition.
“Scrutiny must never be a process through which a party can obtain new or further evidence. I find no merit in the application,” he said.
The judge also ruled that Mbogo did not make a case for the provision of polling station diaries.
He said the IEBC cannot be faulted for not making available all the polling station diaries.
Mbogo had argued that results differed from those in Form 35B and the online portal.
The case will come up for judgement on February 26.
-The Star