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LungaLunga turf war on as petition is filed at Supreme Court

02 December 2013, 18:04 John Kioko

Nairobi - The supremacy battle for the LungaLunga constituency has moved to the Supreme Court of Kenya.

This is after former Msambweni MP and URP candidate Omar Zonga filed a petition at the Supreme Court seeking to overturn the ruling of the Malindi court of appeal that reinstated Khatib Mwashetani as LungaLunga MP on Wednesday last week.

Through his lawyer Japheth Asige, Zonga wants the Supreme Court to call for a fresh by-election in LungaLunga so that electorates can constitutionally pick themselves a leader.

“Im confident that we will win the battle because the order which was given by the court of appeal, did not cover everything,” said Zonga.

He was speaking in LungaLunga town where he addressed angry supporters who were ready to demonstrate but he urged them to remain calm.

The former MP said that evidence produced at the high court where a fresh election was called was not considered by the court of appeal judges in Malindi which was unfair and an injustice.

Zonga assured his supporters that he is optimistic their interests will be considered and cared for by the Supreme Court and therefore they should abide by the law.

“We spent a lot and the IEBC also spent a lot of tax payers money but that is not the issue. We want justice for our people because what happened was not fair,” he noted.

His lawyer Asige said they have already filed a notice of appeal in the Supreme Court on Thursday which is to be heard in the next few weeks.

Asige said there is need for locals to remain calm as they pursue the issue in courts.

He said that the court of appeal unfortunately misunderstood the evidence laid at the high court and only gave orders nullifying what the high court had held.

“They said that their judgment will be given December 17 this week, but what catches the eye and is amazing is that it appears that the court of appeal was in a hurry to make a determination of this appeal because all we have is an order allowing the petition but no judgment and the reason given for the same,” he said.

Asige said it is not fair for LungaLunga people and parties involved for a court of law to give an order without giving reason to support the decision contained with the order.

He said they will be required to total re-look of the situation being optimistic and confident that they shall be able to state their case squarely in the Supreme Court and get a just and fair decision not for LungaLunga people but Kenyans at large.

“Such a decision will help our jurisprudence so that we develop and remain democratic society respecting the law and fosters peace so we urge all to remain calm,” he appealed.

Asige said that the petition at the Supreme Court has been filed under certificate of urgency and that before the end of this week LungaLunga people shall have news for the matter.

Zonga campaigner and former Kwale county council chair Mshenga Ruga said that the decision of the court of appeal in Malindi was not for LungaLunga people but IEBC.

“The era when people were buying supremacy through courts is gone it is time because the constitution is new the courts to respect Kenyans the election should not have been cancelled five days to election,” he said.

He said the case should have been ruled some weeks before they started campaigning and wasted a lot when the courts new very well they were going to reinstate Mwashetani.

Angry residents who demonstrated in LungaLunga said they don’t ant to be lead by leaders from outside the region but their own.

Consolata Ngatia said they don’t want Kiasuni leaders but their own and warned Kwale county women representative Zainab Chidzuga against forcing them to choose a leader they don’t want.

LungaLunga by-election was scheduled for today before Malindi court of appeal allowed Mwashetani appeal overturning the ruling of Mombasa high court which nullified his election.

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