BY SAM ALFAN.

The Independent Electoral and Boundaries Commission, IEBC will not allow Justice George Odunga to hear another matter filed by CORD coalition demanding a fresh voter audit.

Cord is challenging a decision by the commission to award a tender to KPMG for the audit of the voter register.

IEBC through its Lawyer Wambua Kilonzo made the application this afternoon before Justice Odunga saying the judge must recuse himself from hearing the matter.

This follows a verdict by the judge that quashed the commission decision to award a tender to a Dubai Based firm to supply ballot papers.

Lawyer Wambua wants the judge to recuse himself, if not he says the file should be sent to the Chief Justice David Maraga to appoint a bench to hear the matter.

SC James Orengo opposed the application saying they should file formal application instead of an oral application.

Orengo termed the application by IEBC a misuse of court process saying the commission had earlier said it wanted the matter heard expeditiously.

The opposition has asked that the court to stop the electoral body from carrying on with the award of the tender or in any way implementing results of the audit.

The Independent Electoral and Boundaries Commission on December 16 awarded a tender to KPMG for the audit of the voter register.

Cord says that the intended audit of the register of voters is clouded with opaqueness, secrecy and lack of accountability because no methodology or criteria for the audit has been disclosed to ensure the objectives set out in law are realized.

Cord says they were not consulted or engaged in designing the criteria for the audit.

Judge Odunga will deliver a ruling on the request tomorrow afternoon.

BY SAM ALFAN.

A 23 year old woman who stole a baby in church has been charged and released.

Mercy Akinyi Otieno is accused of kidnapping the one and a half year old baby during a service at city based Church.

She was also charged for deceitfully taking away baby during the service held at Jesus Teaching Ministry along Haile Selasie Avenue in Nairobi on January 31, 2017.

The court heard that Akinyi took away the baby with intent to deprive the mother Jeridah Oundo Shitanda lawful care of the child.

Akinyi denied  the charges before Chief Magistrate Francis Andayi.

The prosecution had objected her release on grounds that she is likely to interfere with the witnesses because they normally attend the same church with the baby’s parents.

She was released on a bond of Sh 500,000 with two sureties of a similar amount without an alternative cash bail.

Oundo is said to have attended church service with her husband Peter Wanjala and their little child.

She later went to an upper floor to change her wet child when she met the accused seated.

Akinyi allegedly told Oundo that the service was boring and that is the reason as to why she was seated outside.

It is said that they became friends since they hail from Khayega in Kakamega and they began communicating in their own language.

It is alleged that after Oundo realized that they come from the same village, she gave her the child to hold as she proceeded upstairs to purchase some drinking water and upon return she found the lady with the child.

Oundo is said to have left the child with Akinyi for a second time and went upstairs to pick her handbag but upon return this time round, Akinyi had disappeared.

It is alleged that the matter was reported at DCI Kamukunji on January 1, 2017 and investigations launched.

The accused was traced and arrested within Ongata Rongai.

The prosecution claims that the accused was found with the child during arrest. The child was taken for safe care custody.

Proceedings resume February 27, 2017.

BY SAM ALFAN.

IEBC will appeal Justice George Odunga’s decision canceling a ballot printing tender.

The Independent Electoral and Boundaries Commission say that it will appeal the decision that nullified the 2.5 billion Shillings tender awarded to a Dubai-based firm.

IEBC also asked the High Court to supply them with full details of the proceedings, Judgement and Decree.

“Kindly supply us with certified copies of the proceedings, judgment and decree, ’reads the letter.

Justice George Odunga ruled that the tender awarded to Al Ghurair Printing and Publishing Company, had failed to comply with the Election laws.

“It was unreasonable for IEBC to proceed with the award of tender without taking into account the new regulations,” ruled Justice Odunga.

IEBC was further directed to begin a fresh tendering process which adheres to the applicable laws.

IEBC had given Al Ghurair firm notice of award to supply 130 million ballot papers.

Cord argues that the specification of the ballot papers, declaration forms and poll registers as contained in the tender documents were not in conformity with the requirements of the Election Laws (Amendment) Act 2016 and the integrated electronic electoral system as established by law.

BY SAM ALFAN.

Former Devolution Cabinet Secretary Anne Waiguru is not done with opposition leader Raila Odinga over his scathing attacks linking her to the NYS scandal.

Raila has been given less than two months to file interrogatory questions in response to the defamation suit.

This is following an agreement by the parties in the suit to have Raila send his questions to Waiguru before April 4.

“Let the defendant file the same before the 4th of April,’’ DR directed.

In the case Devolution Cabinet Secretary Ann Waiguru sued Cord Leader Raila Odinga over utterances in two public meetings linking her to the 791 million Shillings scandal at the National Youth Service (NYS).

Waiguru says that Odinga’s utterances over her alleged involvement in the scandal were false and defamatory and portrayed her as a common thief, an embezzler of public funds, corrupt in the extreme, a flagrant law breaker and unfit to hold public office.