Kirinyaga senatorial petitioner wants Judge removed

Daniel Karaba

A petitioner against the August 8 senatorial elections has lodged an application to have a judge presiding over his case to disqualify herself on grounds that she was compromised.

Daniel Karaba claims in the application filed under a certificate of urgency at the High Court that Justice Abigael Mshila was likely to favour the respondent, Charles Kibiru.

Through his lawyer Kibe Mungai, Mr Karaba wondered why his earlier application to have a recount of the ballots cast in the elections had been rejected.

He also criticised the court for failing to compel the electoral commission to produce a certified copy of register containing the number of those who cast their ballots in the disputed elections.

Charles Mwongela, the Independent Electoral and Boundaries Commission lawyer, asked the court to dismiss Karaba's application, saying it had neither merit nor any bearing since the matter was being heard in an open court.

During the elections, Kibiru, and independent candidate, won with 147,925 votes against Karaba (Jubilee Party) who got 130,925 votes. The judge will give a ruling on December 4.