By Daniel Nzia and Renson Buluma
Kenya: Kibwezi West MP Patrick Musimba, whose March election is being challenged before the High Court by former area legislator Kalembe Ndile, will know his fate this week.
Justice David Majanja will make a ruling on Thursday on whether to order for a by-election or declare the eventual winner.
Justice Majanja ordered a recount of the parliamentary votes under the supervision of Deputy Registrar Rose Makungu, which put Ndile ahead with 16,891 votes against Dr Musimba’s 16,773.
Ndile and a fellow loser Caroline Mwelu moved to the High Court sitting in Machakos to challenge the election of Musimba as the MP after the March 4 elections.
Ndile’s lawyers are opposed to a by-election and have urged the court to declare their client winner.
The Kibwezi West constituency election petition is among other three petitions filed at the Machakos High Court, which include Matungulu, Kitui East and Mavoko.
The other petition still pending before the High Court is that of former Kathiani MP Wavinya Ndeti who is challenging the election of Dr Alfred Mutua as the governor of Machakos County. Of the petition cases, three have since been disposed of with losses and wins respectively.
Meanwhile, the hearing of poll petitions challenging MPs Paul Otuoma (Funyula), Ababu Namwanba (Budalangi) and Michael Onyura (Butula) have entered penultimate stages.
The Budalangi case is still waiting for three witnesses namely Busia Governor Sospeter Ojaamong, Senator Amos Wako and MP Namwamba to testify before High Court Judge Francis Tuiyott, who is hearing all parliamentary petitions in the county.
In the Funyula case, lawyers representing both sides will make final submissions on August 26.
Otuoma, Namwamba and Onyura are facing petitions filed by voters John Nagafwa, Henry Okello and Phillip Ogutu respectively on claims that the poll was unfair.
