Outgoing Embu Senator Lenny Kivuti on Tuesday failed in his first bid to have Governor Martin Wambora’s reelection nullified.
This was after a court declined to block the IEBC from gazetting Wambora’s name as governor-elect.
Judge Florence Muchemi also declined to order that ballot papers, results entry forms 37A and 37B used in last week’s polls be kept in the safe custody of the court.
Kivuti has sought the orders in a bid to avert a case where the documents which he wants to use in his petition are tampered with.
Muchemi declined to refrain the Independent Electoral and Boundaries Commission (IEBC) from gazetting Wambora as a governor.
She also declined orders sought on Monday by the applicant against the swearing in of the incoming governor.
The judge, in a ruling delivered in a court filled with Kivuti’s supporters, that the outgoing legislator’s lawyers did not give sufficient reasons to back their bid.
Lawyers Prof Tom Ojienda, Wilfred Nyamu, Kirimi Guantai and Daniel Kamunda had sought that the materials be removed from the custody of IEBC to the court.
Muchemi said orders stopping the gazettement of Wambora’s win can only be granted in an election petition which Kivuti is yet to file.
She further said an election petition can only be lodged after the governor’s name is gazetted. This is yet to be done.
The court ruled that issues of alleged electoral fraud can only be dealt with after the main election petition is filed.
Muchemi directed that the constitutional petition pitting Wambora and Kivuti be heard on August 17 before the governor is sworn in.
She directed that the incoming governor is served with the suit papers by latest Wednesday.
More on this: Kivuti sues to protect ballot papers, results form for petition against Wambora