NAIROBI September 12 – The High Court has dismissed an election petition filed by Dagoretti parliamentary loser, John Kiarie, against Public Health Minister Beth Mugo for lack of sufficient evidence.,
Justice Luka Kimaru threw out the application saying Kiaire (Orange Democratic Party) ‘did not adduce sufficient evidence to convince the court to rule in his favour’.
Justice Kimaru however faulted the Dagoretti Returning Officer, Kimemia Njuguna, for delaying announcement of the results, which created anxiety that led to violence.
Kiarie had challenged the re-election of Mugo (who vied on a Party of National Unity ticket), alleging massive irregularities during the tallying process. He further claimed that the tallying process was interrupted by violence, adding that his lead agent was arrested and detained without reason. The youthful politician produced a video clip, in which police officers were spotted at a scene of violence.
He also complained that Form 16As were not signed by presiding officers and his agents, but Justice Kimaru said failure to sign could not invalidate the results
The comedian-cum-politician repeatedly accused the minister of sponsoring the violence and bribing voters in the area, all of which she denied.
The Electoral Commission of Kenya (ECK) is expected to meet the cost of the suit after the judge exempted Kiarie from paying costs.
Kiarie has expressed dissatisfaction with the judgment saying the judge did not consider all the evidence tabled in court.
“I feel that the judge has not considered everything that was out before him, but all the same, I have the benefit of time and I am going to prepare well for 2012,” said Kiarie.