King'ara appeals against ruling confirming Wambui as area MP
06 November 2013, 14:02
Nyeri - Othaya polls loser, Peter Gichuki King’ara, on Tuesday moved to the court of appeal seeking reversal of a judgment delivered on September 12 confirming Mary Wambui Munene as the area MP.
King’ara urged the appellate court to set aside the judgement in its entirety.
The judgment was issued by a Murang’a based High Court Judge, Jairus Ngaah, who ruled that King’ara had not furnished the court with sufficient evidence.
In the appeal, King’ara is majorly calling for a recount of votes cast in the constituency, which he believes, according to affidavits, could make him the winner in the March 4 polls.
“The judge erred in law in declining to order for scrutiny and recount of votes cast during elections while the circumstances and evidence adduced before him were sufficient to warrant such an order,” King’ara told court.
“The judge disregarded incontrovertible evidence presented in open court before him and instead relied on matters that were neither pleaded before him nor tendered as evidence during the hearing of the petition,” he added.
King’ara further said the law of natural justice was breached when he was barred from adducing evidence in support of the petition during proceedings.
In the appeal, he is challenging the eligibility and educational qualifications of the current Othaya MP.
King’ara faulted the judge for failing to find in a claim that Wambui did not possess the constitutional and legal educational qualifications required for an MP candidate.
King’ara is also infuriated by the court’s decision that he pay for the cost of the petition.
He is also alleging that there was irregular management of elections and over voting but the judge disregarded the claim despite the evidence he provided.
The appeal was tabled before a three-judge panel comprising Justice Alnasir Visram, Martha Koome and Otieno Odek.The hearing of the suit was slated for December 3.
The appellant is represented by lawyers Kithinji Marete and Carol Kimere in the suit.
He has named electoral commission, Mary Wambui and electoral commission’s returning officer, James Mbai as respondents in the appeal.
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