Court gives IEBC 7 days to produce forms 35 and 36
20 May 2013, 18:40
The Independent Electoral and Boundaries Commission (IEBC) has been given seven days by a Malindi court to produce forms 35 and 36 which were used during the March general election at Kaloleni constituency in Kilifi County.
The high court judge Luka Kimaru asked the lawyer representing IEBC Stella Muraguri to serve the same documents to the complainant and respondent to the election petition case filed in the high court of Malindi by former MP Samuel Kazungu Kambi before the next hearing.
Judge Kimaru said it was the right of the respondents and the complainant to get copies of forms 35 and 36 so that they can go through them, urging the IEBC lawyer to do so within the days set by the court.
He said the court is also planning to include Kaloleni OCPD and the OCS in the petition so that they can explain the state of security during the day of election in the area.
The former Kaloleni constituency Member of Parliament Samuel Kazungu Kambi filed an election petition to challenge the victory of Gunga Chea saying the election was not free and fair as per the constitution because of a lot of insecurity incidents that took place in some parts of Kilifi County.
Kambi wants the court to nullify the election results in the area saying that Gunga was not elected in a free and fair manner.
The hearing of the case will start on 6th June 2013.
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