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Returning Officer says he was directed not to clear election candidate

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Published on Tuesday, 30 September 2008 20:27
A returning officer for Bomachoge constituency never applied for the job and was 10 years above the age bracket requirement, a court was told. Mr Tobias Gitahi Macharia, told the court that he was 70 years old when the Electoral Commission of Kenya hired him last November to oversee elections in Bomachoge.

One must be between 45 and 60 years to be recruited as a returning officer by the ECK. "I needed not apply for the job because I had been a returning officer with the ECK since 1992."The age requirement is for new applicants and not those with a history with the commission," Macharia told the packed court yesterday.

He was being cross-examined by lawyer Mr Katwa Kigen in a petition against Bomachoge MP and National Heritage Assistant Minister Joel Onyancha. Unsuccessful contestants for the seat Mr Simon Ogari and former MP Zephaniah Nyang’wara jointly filed the petition.

Instructions

Kisii Resident Judge, Justice Daniel Musinga, is hearing the case. Macharia was put to task as to why he rescinded his decision to clear one of the candidates Ben Mogaka Omambia over a letter from the commission’s language board.

He explained that although he was skeptical of the letter given — it was white as opposed to the blue ones presented by other candidates — he cleared him because he could recognise the signatory.  Macharia said he received a phone call from Commissioner Jeremiah Matagaro asking him not to register Mogaka until he presented the blue letter, a position contradicting another directive from Commissioner Samuel Maugo.

Later, he received a call from ECK Chairman Samuel Kivuitu ordering him to clear the candidate quickly. "I received a call from Kivuitu warning that I would be languishing in jail while Matagaro would be enjoying himself in England if I didn’t clear the candidate," he told the court.  He admitted that the candidate might have been cleared after the deadline. The hearing continues.