By NDERITU GICHURE
KENYA: An election loser ON Monday claimed a High Court judge who dismissed his petition was biased against him from the start.
Col (Rtd) Richard Nchapi, through lawyer Manases Mwangi told Justice Martha Koome, Justice Alnassir Visram and Justice Otieno Odek that he took issue with comments made by Justice James Wakiaga while arbitrating the dispute at his court.
The petitioner alleged that at one point during the hearing, Justice Wakiaga said the petition would have failed anyway because the supporting affidavits were “wanting in proof and lacked merit”.
“The risk of those comments was it appeared like the court had already made a conclusive determination of the petition,” Nchapi, who is challenging the election of Laikipia North MP Mathew Lempurkel said.
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Mwangi also told three appellate judges that Justice Wakiaga erred in striking out the petition without considering electoral malpractices highlighted in the petition.