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Othaya vote recount appeal dismissed

10 September 2013, 16:56 Joseph Njung’eh

Nyeri - Othaya MP Mary Wambui on Tuesday won another round in the petition challenging her victory after the Court of Appeal dismissed an application seeking to have Othaya votes recounted and scrutinised.

The application was filed by a competitor in the March 4 polls, Peter Gichuki King’ara.

The 3-judge bench led by Justice Alnasir Visram, Martha Koome and Prof. Otieno Ondiek ruled that the application of vote recount is premature since the final judgment of the main petition is yet to be determined.

The bench ruled that they will not make decisions of the ongoing suit at the High Court until it is concluded.

The petitioner, Peter King’ara, had gone to the Court of Appeal after the High court dismissed the application of votes recount and scrutiny last month.

King’ara had also sought a court order to have Wambui furnish court with her academic certificates after the High court dismissed the application.

The judges, while dismissing the two applications, noted that the decision by the Court of Appeal can only be made after the final judgment of the petition which is expected to be delivered on September 12 at the Nyeri High court by Judge Justice Jairus Ngaah.

They further said that though they have jurisdiction to hear electoral matters, they rather first wait for the final judgment at the high court.

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