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Magara fights to remain a Kenyan MP

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Published on Saturday, 20 February 2010 21:18

Appellate judges Riaga Omollo, Philip Waki and Daniel Aganyanya on Friday refused to grant the plea sought by Mr Magara, saying it has already been overtaken by events. The Speaker of the National Assembly Kenneth Marende declared the seat vacant on January 15 after Mr Magara lost an election petition.

Mr Magara through lawyer Katwa Kigen however said that they intend to pursue the main appeal and persuade the court to reverse the decision of Kisii High Court judge Daniel Musinga. The three judge bench directed the advocate to take hearing dates at the registry on priority basis.

When he declared the seat vacant, the Speaker gave the Interim Independent Electoral Commission (IIEC) two months, from January 18 to prepare for the by-election. This could happen at the end of April, which is within the mandatory 60 days from the date the seat was declared vacant.

After Mr Marende's move, Mr Magara wrote him a letter and asked him to revoke the declaration so as to be fair to the law arguing that there are legal technicalities touching on voter registration in the constituency. In a letter dated January 18, Mr Magara's lawyers argued that the Speaker should have first allowed the IIEC to prepare for the by-election before declaring the seat vacant because should Magara or any other candidate win, the outcome could still be challenged over anomalies touching on voter registration in the constituency.

In the appeal, Mr Magara claims that Justice Musinga nullified his election on grounds that were not pleaded by Manson Nyamweya who filed the election petition against him. He said a recount had confirmed him the winner, but the judge ignored it and still nullified his election.

Mr Magara also accuses the judge of relying on assumptions when he made a finding that  there was bribery, intimidation of voters, voting by dead persons and influencing the hiring electoral staff.