William Oduol presenting his case to the Siaya County Returning Officer after he rejected results from Bondo, Rarieda and Gem Constituencies on March 6, 2013.
An
application filed by Mr. William Oduol seeking to get information from the
electoral commission and Safaricom so as to challenge’s the election of the
Siaya governor will be mentioned on Wednesday. The application, which was
presided over by Judge Aggrey Muchelule, could not proceed since the
Independent Electoral and Boundaries Commission (IEBC) is yet to present forms
35, 36 and 38 which are critical to the case.
In
the inter-parties hearing of the application filed in the High Court on Monday,
the Judge ordered IEBC to avail the relevant documents by Wednesday. The
applicant’s lawyer, Mr. Dismas Wakla, told the court that he addressed the
issue with IEBC through a letter dated March 7 to supply relevant documents but
had not received feedback. Mr. Wakla also added that the case will not proceed
without forms 35, 36 and 38.At the same time Safaricom's advocate Mr. Echesa Willis requested the court to withdraw his client from the matter since they had already supplied the documents in question. Mr. Echesa told the court that IEBC was supplied with the documents on March 14. IEBC confirmed receiving the documents on Friday last week.
Nonetheless, IEBC requested for an additional three
days to verify the documents before tabling them court since they were
overwhelmed with numerous petitions. The court intervened on the matter when
the three parties failed to agree and ordered IEBC to avail the documents in
court by Wednesday.
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