Appeals court upholds Kirinyaga petition

March 19, 2010 12:00 am

, NAIROBI, Kenya, Mar 19 – The Court of Appeal has reinstated an election petition against Kirinyaga Central Member of Parliament, Ngata Kariuki.

The petition was struck out by a Nyeri High Court judge on claims that Mr Kariuki was not personally served.

Appellate judges Phillip Tonui, Daniel Aganyanya and Phillip Waki disregarded the finding and ruled that the petitioner Daniel Karaba had adduced sufficient evidence and proved that the legislator was indeed personally served.

The Bench held that process server John Musyoka duly served the MP at Panafric Hotel in Nairobi. The parliamentary loser had moved to the Court of Appeal after Judge Mary Kasango sitting in Nyeri dismissed the petition.

“According to evidence adduced before this court, the MP was at the hotel where he was duly served by the process server and not in Kerugoya as alleged. Consequently, we set aside the high court decision and direct the petition be heard.”

Mr Karaba is also pursuing a constitutional case wanting to be declared the duly elected Member of Parliament for Kirinyaga Central.

The matter is yet to commence before a three-judge Bench.

In the application, Mr Karaba avers that former Electoral Commission of Kenya chairman Samuel Kivuitu admitted that he won the parliamentary elections.

This he says was verified by comments and observations of the Kriegler Commission following the commission’s independent analysis and verification of the results held by ECK for Kirinyaga Central Constituency.

In another petition, Judge Luka Kimaru has dismissed an application seeking scrutiny and recounts of votes cast in Juja constituency by former MP William Kabogo.

The judge said Mr Kabogo did not give satisfactory grounds to persuade the court grant him the prayers adding that the exercise will be fruitless because there is no evidence that election results were tampered with.

The former MP had asked the court to order a scrutiny of votes cast saying true figures were unknown because of several mistakes which had been admitted in court by witnesses.


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