www.Kisii.Com: Syndicated news from only reputable sources [Nation, and Standard Newspapers, Kenya Times, KBC, etc.]

Date set for ruling in Nyambati case

Details

Published on Saturday, 30 July 2011 23:59

The High Court in Kisii on Monday set August 12 as the date for delivering a ruling in an election petition against Kitutu Masaba MP Walter Nyambati.

Resident judge Milton Makhandis set the date after parties in the case finished giving their submissions. Mr Justus Omiti Mong’umbu had sued Mr Nyambati, returning officer Lawrence Ole Sempele and the Interim Independent Electoral Commission as first, second and third respondents respectively. 

In his submissions, Mr Mong’umbu’s lawyer Otiende Amollo asked the court to invalidate the MP’s election, saying that the 2007 parliamentary elections were marred by anomalies.

Mr Amollo said that no form 17A was filled before the declaration of the results, adding that what was used in the announcement was a computer-generated printout which was not filled by  Mr Sempele himself. “My Lord, three sets of final results all bearing different figures and which were authenticated were used in the election,” said Mr Amollo. 

“The testimony by the petitioner, Sempele and deputy district elections coordinator Fredrick Odenge demonstrated the facts beyond doubt,” Mr Amollo said.

The lawyer said that Mr Sempele had confirmed in an affidavit that there were irregularities at 72 out of the 111 polling stations.

Mr Nyambati’s lawyer Osoro Mogikoyo said: “My Lord, I pray to the court to dismiss the petition for lack of capacity on the part of the petitioner because he had no ability to amount it.” He told the that Mr Mong’umbu should prove how the irregularities affected the outcome of the electoral process.