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

Kitutu Poll Petition Resumes Today

Details

Published on Monday, 20 June 2011 19:48

The hearing of the election petition against Kitutu Masaba MP Walter Nyambati will start today at the High Court in Kisii. The case was adjourned three weeks ago after IIEC lawyer Fred Orora asked for more time to produce his witnesses.

Among the witnesses expected to testify is returning officer Lawrence Sempele. Before the postponement, Justice Milton Makhandia rejected Orora plea to be given a month and ordered he produce the witnesses in three weeks time.

In his application for more time, Orora said that he had not filed affidavits of Sempele and IIEC who are the second and third respondents election petition. Nyambati had since closed his testimony in the case which has been dragging in court since 2008. "My Lord I pray for time within which I will file the affidavits and I need one month to do so," Orora told Justic Makhandia.

But Judge Makhandia told him that the one month requested was out of question and gave him three weeks do so. Orora had asked the court to direct High Court deputy registrar to issue witness summons to any persons named in the application to appear and give evidence.

But lawyer Otiende Amollo representing petitioner Justus Omiti opposed Orora's application saying that the counsel had all the time to file the affidavits from the time the petitioner closed his case. "My Lord I sympathize with my learned friend's position because he would have done that when the petitioner closed his case. The RO has been in court and has everything," Amollo said. Justice Makhandia set June 13-23 as the hearing dates when the case is expected to be concluded.