IEBC lawyer refuses to cross examine
21 June 2013, 12:42
IEBC lawyer in an election petition filed at Othaya Peter Munge on Wednesday declined to cross examine five witnesses.
The five were among 13 witnesses who had appeared in Nyeri High Court to give their part of evidence to affirm the petition which was filed by Peter Gichuki King’ara challenging Mary Wambui’s election as Othaya MP.
Munge said he had no questions for them and initially claimed that King’ara’s lawyers Kithinji Marete and Mbobu Kyalo were just calling witnesses whom he did not have their names, a claim that the petitioner objected.
Among those whom he declined to cross examine was Peter Kimani Gitau, a Naivasha resident who was a chief agent to Grand National Union (GNU) party on polls day in Othaya constituency.
According to his affidavit sworn on March 26 2013, Kimani was also in charge of observing and coordinating the party’s activities within the constituency.
However, he had travelled from the United States of America (USA) to attend court hearing and give his evidence in regard to the petition but his efforts hit a snag.
Another witness Geofrey Githogori told court that Wambui’s agents were bribing voters who were queuing during polls day.
He added that Wambui’s agent was campaigning at Gatugi polling station, but it was identified that he did not report any malpractice to security officers at the station or to the electoral commission’s officials.
He further said King’ara’s agents in most polling stations were not given observers' badge, but were issued with just an appointment letter.
Justice Judge Jairus Ngaah however told lawyer Mbobu Kyalo that he should not subject some witnesses to unnecessary measures and punishments by asking them questions which they cannot understand.
The judge was referring to Pauline Wangu Wachira who is illiterate and the court could therefore not understand how she could answer questions raised from her affidavit.
“How will she answer questions without reference and foundation? You are talking about Forms 35 and 36 whose content she is not aware of,” the judge told the lawyer.
Mbobu said she could testify on figures, where she informed court that at Kagundu TBC polling station had 82 registered voters but total votes cast were 150. The hearing continues as the electoral commission will adduce its witnesses.
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