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Let Mathare poll go on, judges told

A parliamentary candidate on Wednesday urged the Supreme Court to allow the Mathare by-election to go on as planned.

Mr Stephen Kariuki (ODM) told the judges Mr George Wanjohi was rigged in during last year’s General Election.

Mr Kariuki, who had earlier been declared winner, told Chief Justice Willy Mutunga and six other judges that he was denied victory when returning officer Miriam Wanjiru changed the results after conclusion of tallying at the counting hall.

“Mr Kariuki had been declared the winner of Mathare parliamentary seat and issued with a certificate by Ms Wanjiru,” lawyer Nelson Havi told the judges.

He said IEBC had no legal authority to cancel the certificate it had issued Mr Kariuki declaring him as the validly elected MP for Mathare on March 6, 2013.

He said Mr Wanjohi filed a petition at the High Court, which he did not pursue after being issued with a certificate by IEBC.

Mr Havi said the tables were turned when Ms Wanjiru corrected the results entered in Form-36 by retallying all Forms-35 in the absence of polling agents.

But lawyers Harrisson Kinyanjui for the MP and Paul Nyamodi for IEBC asked the court to set aside the appeal judgement which cancelled the election of Mr Wanjohi.

The judges extended orders blocking IEBC from conducting a by-election on June 3. They will give a notice when to deliver their judgement.