The immediate former Teso South MP Mary Emaase has suffered a setback after a Busia high court dismissed her application seeking for vote scrutiny and recount.
While delivering the ruling on Monday, Justice Kiarie Waweru Kiarie said the applicant did not give sufficient reasons to warrant an order for vote scrutiny.
The applicant has not given sufficient reasons to warrant an order for scrutiny, in a nutshell, the application must fail and the cost is on the petitioner, he said.
Justice Kiarie noted that the petitioner had said during cross examination her agents asked for re-count but no one listened to them, she conceded that this was not one of the complaints in her petition.
He said the petitioner did not show that her request for recount was made and denied.
The only logical conclusion to be made is that no request for re-count was ever made, he said arguing that had it been made it would have featured in her petition.
The judge at the same time argued that the complainant should have raised her objection at the earliest opportunity to avoid being accused of making attempts to raise issues for the sake of it.
Justice Kiarie also noted that the applicant raised issues with 11 polling stations where she alleged of irregularities that may call for either scrutiny or re-count but in her application, she made a list of 50.
A party is bound by his or her pleadings, he said adding that inclusion of polling stations which were not complained of in the petition is an attempt to enlarge the scope of the petition which cannot be allowed, he said.
The two respondents had opposed the application on grounds that it seeks to expand the scope of the petition, the errors prompted by the application were acknowledged before the court and adequately explained and no basis had been laid to warrant the orders.
Source: Kenya News Agency