Nyeri Governor's case to go to full trial
21 June 2013, 18:27
Nyeri Governor Nderitu Gachagua has suffered a blow after the High Court ruled that a petition challenging his election will go to a full trial.
Gachagua through lawyer Njororge Regeru had applied for the case dismissal and be granted the costs incurred so far.
Justice James Wakiaga said the case will go to a full trial next week from Wednesday 26, and proceed for five consecutive days.
During the hearing, Gachagua will raise the issue of Thuo Mathenge’s (petitioner) eligibility to vie for the gubernatorial seat in Nyeri County.
He had initially claimed in court that Thuo was not eligible as he did not meet the education threshold required by the electoral commission.
Gachagua added that he will produce evidence to show that he committed election offences by being involved in fraudulent practices by altering his education documents so as to be approved by the electoral commission as a qualified candidate.
Electoral commission’s lawyer Kibicho Mwangi said he will raise the issue of whether the position of Deputy Governor was an elective position in the March general elections.
Kibicho said this will clarify if altering of Thuo’s proposed Deputy Governor names could in any way have affected the voting process during the election.
Thuo asked the electoral commission to provide a sample of the ballot papers used during the elections day.
However, Gachagua asked the commission to provide to the court a sample of ballot papers of all the elective offices in Nyeri County which he said will be used to demonstrate that people were not voting for the running mates but the Governor.
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