The High Court on Wednesday turned down an application seeking a recount and inspection of all the documents used in Bura constituency in last December's General Election.

Mr Justice Festus Azangalala, sitting in Mombasa, dismissed the application by petitioner Abdulreheman Halakano, through lawyer Gikandi Ngibuini.

Scrutiny

He said it ought to have been filed at the preliminary stage, before the hearing started.

Mr Mutula Kilonzo Jnr is appearing for area MP Abdi Nassir Nuh, while Mr Lumatete Muchai is representing the Electoral Commission of Kenya and returning officer Joel Mwamburi.

While making his application on Wednesday, Mr Ngibuini said the scrutiny of the papers and a recount ought to be allowed since the margin between the winner and the loser was minimal. The MP garnered 6,259 votes while the loser, Mr Ali Wario, got 6,000 votes. He is the former lawmaker.

However, Mr Kilonzo objected to the application, saying the petitioner needed to lay a basis before seeking an inspection.

"The inspection of these documents cannot just be based on curiosity and the petition must lead to ascertain certain aspects before the application can be allowed," he said.

Mr Muchai also noted that the petitioner ought to have stated why the scrutiny was necessary. He asked the court to dismiss the application.

Mr Justice Azangalala said there was no indication by the petitioner that he intended to make such an application when the case was adjourned last week.