CHE to give evidence in election petition
28 June 2013, 18:03
Nyeri Governor Nderitu Gachagua has filed an application under certificate of urgency at the Nyeri High court to have the Commission for Higher Education (CHE) give evidence in a poll petition.
Through lawyer Njoroge Regeru, Gachagua said CHE is in possession of vital evidence critical to the petition of Thuo Mathenge who has challenged Gachagua’s election as Nyeri Governor.
“It has come to our knowledge that CHE is in possession of vital evidence in regard to the eligibility of Thuo Mathenge as a candidate for the position of Governor,” the lawyer said.
He asked court to order CHE to produce affidavits to ascertain the validity of Thuo’s education papers which he said are relevant to the petition. Regeru claimed that Thuo did not meet the education threshold to run for a gubernatorial post.
He applied to be granted leave to call John Murage, an officer at CHE, to file affidavits containing requisite evidence before the petitioner takes the witness stand in the ongoing hearing.
Justice James Wakiaga allowed the application and directed IEBC to file and serve all parties in the poll suit with the affidavits.
Thuo who ran on a Saba Saba Asili party ticket came a distant third with 48 882 votes behind Gachagua who garnered 137 000.
He wants the victory nullified on the grounds that a misprint of his running mate's name occasioned his defeat.
The petitioner alleged that his running mate was Jeff Kamau Kibui but the electoral commission wrote different names in the ballot paper, Geoffrey Gitonga Ndegwa, an error that the electoral commission has termed as typographical.
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