7 October 2017 (MCRS) Former National Assembly deputy speaker Farah Maalim has been allowed by the High Court to access all information contained in election kits in a petition against Garissa Town MP Aden Duale. The court allowed Mr Maalim to get information contained in the Kenya Integrated Elections Management System kits. At the same Lady Justice Hedwig Ong’udi directed Mr Maalim to place fresh seals in all the ballot boxes containing election material pending the hearing of the petition from October 16. Justice Ong’udi said election cases are emotive and all the material must be kept safe to ensure there is no interference whatsoever.
“I direct that all the election materials in the Garissa Town Constituency be secured under the watch of the Deputy Registrar of the High Court Garissa within seven days,” the judge rules. The judge directed lawyers James Orengo and Daniel Maanzo for Maalim, lawyers Mansur Issa for the Independent Electoral Boundaries Commission (IEBC) and Ahmednassir Abdullahi for Mr Duale to assemble at the Garissa High Court to witness the movement of the ballot materials for safe custody. The judge also directed IEBC to inform the parties herein whenever it goes to open the warehouse either to get materials for other election cases. She also allowed Mr Duale to place seals on the ballot boxes and or padlocks to avoid interference. The judge gave the orders after being informed by Mr Maanzo for Mr Maalim that “some of the ballot boxes have already been tampered with.” The Deputy Registrar was directed to prepare a report for the exercise.