By Kathure Mukuru
Meru, Kenya: Meru Governor Peter Munya has urged the High Court to dismiss a petition against his election.
Munya, who was elected on Alliance Party of Kenya (APK) ticket, told Justice James Makau that the petition lacked merit and ought to be dismissed with costs.
His argument was supported by Independent Electoral and Boundaries Commission (IEBC), which said that election was free and fair.
Former Assistant Minister Kilemi Mwiria, who vied on The National Alliance ticket, is contesting the result. The hearing of the petition filed by a voter Dickson Mwenda was concluded Wednesday.
In the final submissions, Munya, through lawyer Kevin Omogeni told the court that petitioner had not given enough evidence to prove that there were serious irregularities to warrant the cancellation of results.
“There is no direct evidence supporting allegations of irregularities. The petitioner himself was not an agent during the election and the widespread violence said to have been experienced in various polling station was not evident,” insisted Omogeni.
He also noted witnesses said to have a video recording as evidence of voter bribery had not been called before the court.
The court had ordered a vote scrutiny for seven polling stations in Imenti South Constituency, namely Nkubu, Mwichuine, Igandene, St Aloysius, Murembu, Yururu and Kathera. Wednesday, IEBC lawyer Martin Munyi said Mwiria had failed to satisfy the court beyond reasonable doubt that an electoral irregularity had occurred noting, “What had been experienced was a normal human error”.
But Mwiria through lawyer Muthomi Thiankoru told the court that the scrutiny had brought out evidence that showed irregularities. The judge will rule on the petition on September 23.
