Petition was prematurely filed, commission tells court

By Lydiah Nyawira

Nyeri, Kenya: The Independent Electoral and Boundaries Commission (IEBC) Tuesday told a court that a petition to nullify the election of a governor was prematurely filed.

Lawyer Mwangi Kibicho, representing the IEBC, argued that the declaration of Nderitu Gachagua as winner of the Nyeri Gubernatorial race was through a gazette notice and therefore the filing of the petition was premature.

Lawyer Kioko Kilukumi, who appeared on behalf of the petitioner, told Justice Wakiaga the petition was filed once the results were announced and the returning officer issued the defendant with a certificate.

Kioko argued the announcement at the tallying centre by the county presiding officer was a declaration of the winner, and thus the petition was filed at the right time.

The IEBC, however, pointed out that the verbal announcements at the County tally centre were not tantamount to declarations.

Kibicho said the certificate and the verbal announcement issued at the tallying centre were not final and could be recalled.

Kibicho insisted the mandate of the IEBC to make decisions concerning the results continued until the official declaration on the gazette.

Lawyer Njoroge Regeru, Gachagua’s advocate, said the petitioner rushed to the courts before the gazette notice and yet he was not under any undue pressure.

Justice James Wakiaga urged lawyers to clarify on what they considered the declaration of the results.

Wakiaga asked which of the three; the gazette, the verbal announcement and issuing of the certificate would be considered the declaration.

According to Regeru there was no finality in the verbal announcement and the issuing of the certificate.

Regeru insisted that only the declaration in the Kenya Gazette was final.

Two petitioners, Thuo Mathenge and Michael Mwangi, have challenged Gachagua’s win in the March 4 election before the High Court in Nyeri.

The hearing on whether the petition was filed prematurely was filed by Thuo Mathenge.

Justice Wakiaga is set to give his ruling on whether the petition is premature on June 10.