Court dismisses petition against Murugi

August 15, 2013 3:05 pm
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Justice Jairus Ngaa threw out the suit filed by Nginga Kamotho after discovering that his lawyer was not licensed to practice at the time of filing the case/FILE
Justice Jairus Ngaa threw out the suit filed by Nginga Kamotho after discovering that his lawyer was not licensed to practice at the time of filing the case/FILE
NAIROBI, Kenya, Aug 15 – Nyeri Town Member of Parliament Esther Murugi can now sleep easy after a Nyeri High Court threw out a petition seeking to quash her election.

Justice Jairus Ngaa threw out the suit filed by Nginga Kamotho after discovering that his lawyer was not licensed to practice at the time of filing the case.

Ngaa pointed out on Thursday that lawyer Daglus Ombongi filed the petition on April 10 but got his certificate of practice on July 1.

Kamotho was also ordered to pay a Sh1 million fine, which would go to Murugi, the Independent Electoral and Boundaries Commission (IEBC) and the Nyeri Returning Officer Lonah Wanjiru.

After the ruling, a jubilant Murugi said that the petition did not make any sense to her and her supporters because she had won the election fairly.

“I did not think that the person who took me to court had any grounds because he got less than 1,000 votes. In fact his argument was that I shouldn’t have won because I wasn’t born in Nyeri town,” Murugi scoffed.

Murugi’s supporters got into frenzy and started singing and ululating when the Judge announced his decision.

Murugi’s counsel Wahome Gikonyo also expressed his joy with the decision saying it was fair.

“Kamotho didn’t seem like he had the energy to follow through his petition and it only dawned on us why he was like that after it emerged that his lawyer did not have a practicing certificate,” claimed Gikonyo.

The ballot boxes that had been brought to court as evidence were taken back to the IEBC.

Kamotho had claimed that Murugi who garnered 28,582 votes was not validly elected.

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