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Kitutu Masaba Petition leads to another investigation

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Published on Wednesday, 23 March 2011 06:11

A High Court Judge yesterday ordered a district criminal investigation officer to investigate death threat claims by witnesses in the Kitutu Masaba election petition.

Kisii resident Judge Justice Milton Makhandia at the same time warned parties in the petition against threatening witnesses. Justice Makhandia'a order came after a lawyer in the petition alleged that two witnesses Justin Onyisi and Isaac Motanya have since been threatened by a Ben Misati and area MP Walter Nyambati.

Kerongo, one of petitioner Justus Omiti's lawyers, claimed that Misati, who works as an election co-ordinator in Kuria called Onyisi and threatened him with unspecified consequences if he fails to withdraw from testifying against Nyambati.

He also claimed that Nyambati called Motanya on March 10 and warned him he risked facing dire consequences if he attempted to testify. "My lord Nyambati ringed the witnesses and issued and warned him of dire consequences. This is a serious matter that the court need order investigations be carried and at the same time offer the witness protection," Kerongo said.

He told the court that when Onyisi, who was the ODM agent, declined to listen to Moseti, the latter called his parents asking them to advise him to stop giving evidence against MP or else he pays the price.

He said that following the threats, Onyisi made a formal complaint at the Kisii police station. Motanya has not yet made a statement to the police.

Justice Makhandia directed that Motanya make a formal complaint so the police could conduct a probe. He ordered Kisii CID boss Michael Wambai to launch investigations into the allegations and present his report in court on Thursday this week. "Parties should be warned that interfering with witnesses in such a petition is criminal. They should be warned that the court will take appropriate actions against them," the Judge said.

Judge Makhandia also directed that Misati be summoned in Court because it was claimed that he is a relative to Nyambati. However, Nyambati's lawyer Osoro Mogikoyo and Fred Orora for IIEC dismissed the claims saying that they were meant to disrupt the hearing of petition.

Mogikoyo described the allegations that Misati was directly related to the MP as wild and vague saying they were meant to portray his client in bad light.