Murugi seeks dismissal of petition
31 May 2013, 21:40
Nyeri town MP Esther Murugi has told Nyeri High court that a petition challenging her election was filed by a joker therefore it should be dismissed.
Through her lawyer Wahome Gikonyo, the MP said the petition is clogging the court’s process since the petitioner, Wilson Nginga Kimotho, moved to court with ‘unclean hands’.
She said the case was filed outside the stipulated time frame.
“Article 87 (2) of the constitution sets out that an election petition should be filed within 28 days after declaration of results by the electoral commission,” she said.
Murugi further said the petition is dead and cannot stand, stressing that compliance with timeline must be observed as provided by the law.
Before Justice Jairus Ngaah, the court heard that the petitioner was aware that he was late since in his affidavit he agreed that the MP was declared winner on March 5 yet he moved to court on April 10.
Electoral commission’s lawyer in the case Peter Munge noted that while filing a petition, the affidavit must be sworn through witnesses, which the complainant has not done.
“Rules of petitioning must be observed and affidavits must set substances including evidence,” Munge said.
IEBC said the petitioner is seeking sympathy and court must show utmost good faith.
The court further heard that the petitioner did not serve respondents through an advertisement in a national newspaper as stipulated by the law but ran it as a classified advert with the Star newspaper.
However, the petitioner’s lawyer Douglas Ombongi said the respondents should not apply for dismissal as they are taking the case as a matter of urgency or haste.
“We have four more months to go,” he said.
The petitioner responded by saying that the issue of advertisement is a mere allegation since no law that describes a national newspaper and they have not set out clearly the orders he has not complied with so far.
The judge adjourned the case to June 10 and directed that all parties should have filed their affidavits.
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