, NAIROBI, Kenya, Mar 20 – Peter Munya has now moved to the Supreme Court seeking an order to block the Independent Electoral and Boundaries Commission from declaring the Meru Governor’s seat vacant.
Through his lawyer Okong’o Omogeni, Munya wants the court to bar the execution of the judgment which declared that he was not validly elected during the March 4, 2013 General Election.
Justice Smokin Wanjala has certified the application as urgent and directed that the suit papers be served on the respondents before the matter is heard by a two judge-bench on Friday morning.
The Court of Appeal nullified Munya’s election as Meru Governor on March 12.
The petition was filed by a voter, Dickson Mwenda. READ Appeal Court nullifies Munya’s win as Meru Governor
Justices Alnashir Visram, Otieno Odek and Jamila Mohammed said that the High Court in Meru failed to consider critical faults raised by the appellant.
They said that there was proof of multiple errors in the polls after tallying of votes, and as such Munya’s election did not meet the constitutional threshold.
Mwenda moved to the Court of Appeal arguing that the High Court erred when it ordered a scrutiny of ballot papers in only seven polling stations out of the disputed 82.
He also claimed the court denied him a chance to cross-examine the Independent Electoral and Boundaries Commission and the Meru Returning Officer on the contents of defective Forms 35 and Forms 36.
Munya was declared the winner after he garnered 184,273 votes against former assistant minister Kilemi Mwiria’s 180,837 votes.
The three judge bench observed that that the margin between the winner and the runner-up Kilemi Mwiria was 3,436 votes which translates to 0.819 percent of the total votes cast on March 4, 2013.