Mary Wambui retains seat as Othaya MP
12 September 2013, 20:00
Nyeri - Othaya MP Mary Wambui on Thursday retained her seat after the High court dismissed a petition challenging her election.
Justice Jairus Ngaah dismissed the case filed by a Grand National Union (GNU) candidate Peter Gichuki King’ara, saying there was insufficient evidence.
In his ruling, the judge said the petitioner did not furnish court with enough evidence to confirm his allegations.
“Elections in Othaya constituency were credible, free and fair and the spirit of the constitution was upheld during the exercise. The elections were conducted in accordance with the constitution,” said the Judge.
The petitioner, who was in the second position during March 4 elections, had claimed that there were electoral malpractices and irregularities in the constituency and was urging court to declare the elections null and void.
He was also asking court to declare him the duly elected member of the national assembly for Othaya constituency arguing that if the total votes cast were recounted, scrutinised and verified, he would emerge the winner.
King’ara garnered 14 218 votes while Wambui of The National Alliance (TNA) party got 16 285 votes.
He was arguing that Wambui did not meet the education threshold set by the constitution and that her integrity is questionable.
He further pointed that the MP was adversely mentioned in various reports including the Human Rights Commission report which linked her to the post election violence in 2008.
She and her daughter Winnie Wangui were also mentioned, he said, in the Artur Brothers saga, adding that the MP was also suspected to be a drug trafficker in the country.
However, the court said that office of the Director of Public Prosecution and that of the Attorney General did not conduct further investigations into the allegations.
The judge however said that court could not commit itself to investigative duties while there are relevant authorities to conduct such duties.
“No evidence to prove all the allegations raised by the petitioner in regard to Mary Wambui. Any allegation raised must be proved consistently because the stand of prove in a case like this is higher than that applied in civil cases,” noted the judge, adding that the allegations have not been proved to the required standard.
After the ruling, Wambui thanked the electorates some of whom had jammed the court to witness the verdict and praised the judiciary saying it has exercised fairness.
She also asked the petitioner to join her in serving the residents as he awaits 2017 to try his luck in the area leadership.
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