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EDWARD AKONGO OYUGI v I.E.B.C & 2 others [2013] eKLR

REPUBLIC OF KENYA

High Court at Homabay

Election Petition 3 of 2013

EDWARD AKONGO OYUGI….........……………………….………...PETITIONER

VERSUS

I.E.B.C….…………………………………………….……..…..1^ST RESPONDENT

JAIRUS OBAGA…………………………….……...………….2^ND RESPONDENT

ZAKARIAH OKOTH OBADO……………….......………….…3^RD RESPONDENT

1. DIRECTIONS

In exercise of the authority conferred upon this court under Article 159 of the Constitution and in view of Articles 259 and more particularly Article 259 (3) (a) of the Constitution and Sections 75 (2) and 82 (1) of the Elections Act and Rules 4 (1) & (2) and 5 and 38 of the Elections (Parliamentary and County Elections) Petition Rules and noting that the tallying of votes cast in the election of Governor for Migori County is such a central issue in this Petition I do order and direct as follows:-

a. That the Deputy Registrar shall examine and do a Re-tally of the Votes cast for each candidate in all the polling stations in the 8 Constituencies in the Gubernatorial Election for Migori County. For the avoidance of doubt a Re-tally of all the Form 35s and Form 36s.

b. That there be a scrutiny and recount of the votes cast in the Gubernatorial Election in the following polling stations:-

i. Ombo Polling Station stream 1 in Suna West Constituency.

ii. Kengariso Polling Station (No. 076) in Kuria West Constituency.

c. That the Re-tally, Scrutiny and recount herein above shall be done within fourteen (14) days starting Wednesday the 19^th day of June, 2013. To that extent the Independent Electoral and Boundaries Commission shall resubmit all the Forms 35s and 36s to the Deputy Registrar and the ballot boxes for the said polling stations by close of day on Tuesday 18^th June, 2013.

d. That the Deputy Registrar shall at the end of the fourteen (14) days make a report of her findings which report shall constitute part of the proceedings in this Petition.

e. That the Petitioner and the 3^rd Respondent shall themselves not attend the Re-tallying and Scrutiny and recount but shall be entitled to have at most two (2) agents each at the venue.

f. That Independent Electoral and Boundaries Commission shall however be allowed to send 2 representatives.

g. That in the meantime the hearing of the Petition shall continue.

It is so ordered.

E.N. MAINA

JUDGE.

Dated, signed and delivered at Homa Bay this 13^th day of June, 2013.

In the presence of:

Mr. Mwenesi & Miss Ogutu Advocates for the Petitioner

Mr. Murugu Advocate for the 1st and 2nd Respondents

Mr. Sagana Advocate and Miss Kinyili for the 3rd Respondent

Brian Adika - Court Interpreter.