Anxious week for governors over poll cases

Voters queue at Tente polling center, Nyamira County on 18/04/2017. The county will be keenly following this week's developments in petitions filed against a number of governors. [photo:Sammy Omingo/Standard]

 

It will be a defining week for some governors fighting to retain power against election petitions.

Beginning today, developments in various courts this week will have far-reaching implications in the cases against Governors Alfred Mutua (Machakos), Granton Samboja (Taita Taveta), Hassan Joho (Mombasa), Kiraitu Murungi (Meru) and John Nyagarama (Nyamira).

Today, the case against Mr Mutua’s re-election could take a decisive turn at the High Court in Machakos where a lawyer reported to have denounced affidavits sworn by former Kathiani MP Wavinya Ndeti will testify.

The testimony of lawyer Ham Lagat, who in a sworn affidavit has denied commissioning all affidavits sworn by Wavinya, is critical because Justice Aggrey Muchelule has warned that should it be established the papers were inappropriately or fraudulently filed, the petition would collapse.

In Voi, Justice Erick Ogolla will on Wednesday rule whether a case challenging Samboja’s University degree certificate will proceed to full hearing in a decision that could have far-reaching implications on the governor’s reign.

Nullify win

Armstrong Mwandoo Kiwoi, a voter seeking to have Samboja’s win nullified, is challenging the authenticity of his degree certificate.

According to court documents, Samboja scored grade D at the Kenya Certificate Secondary Education (KCSE) examination in 1994  and went on to study for a degree course.

KU has disowned the degree certificate.

“Granton Samboja did not graduate with Bachelor of Commerce in the year 2009, nor a diploma in Human Resource Management, nor a certificate in project management from Kenyatta University as per the copies sent to us by EACC and that the certificates were and are fake,” Kenyatta University lawyer Awi Kibet told the court in September this year.

KU is an interested party in the case.

In Nyamira, findings of the recount and scrutiny of votes in 90 polling stations will be filed in court this week- an exercise ordered to determine the veracity of claims of irregularities and malpractices in counting and tallying of results for the governor’s election.

The exercise began last Thursday at the Nyamira Law Courts, supervised by Nyamira Courts Deputy Registrar Alice Towett and witnessed by two agents from the parties in the petition and their lawyers. According to the court’s orders, the report should be filed on December 13.

The Court had ordered the recount in 13 polling stations where the petitioner, Walter Nyambati, through his lawyer, Kennedy Nyaencha, argues that the Independent Electoral and Boundaries Commission (IEBC) officials declared less votes than the actual turn-out during the August 8 polls.

Justice James Makau had also directed the scrutiny of results from 61 polling stations where 15 of them had discrepancies between Forms 37A, 37B and 37C which were used to declare the winner in the polls.

The Court had further ordered a recount and scrutiny of 16 polling stations where Mr Nyambati claims there was duplication of election results.

In Mombasa, Joho will take the witness stand on Wednesday to defend his win against a challenge by former Senator Hassan Omar.

Except Kwale’s Salim Mvurya all coastal governors are facing petitions in court.

The petition against Kilifi Governor Amason Kingi will continue after a Malindi High Court, recently, dismissed his application to strike out the case filed by former labour minister, Kazungu Kambi.

Petitions against Lamu’s Fahim Twaha and Tana River’s Dadho Godhana will also resume this week.

Joho’s testimony comes days after Omar filed another application in his push to have his win annulled.

In an application filed in court on Thursday last week, Omar claims results from Mombasa’s six constituencies used to declare Joho, the winner were fraudulent.

Returning officer

In her testimony, the Returning Officer, Nancy Karuiki, admitted she did not sign some forms 37B. She however insisted that what she collated were correct results.

In Meru, the High Court will on Thursday give final orders on an application by former Governor Peter Munya to withdraw his petition against Kiraitu. Munya gave a notice to withdraw the petition against his successor, Kiraitu Murungi two weeks ago.

He said he had withdrawn the matter in line with a request by the President Uhuru Kenyatta.

[Additional reporting by Erastus Mulwa, Karanja Njoroge and Stanley Ongwae]