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Laikipia Governor ask court strike out appeal and uphold his victory

By Nderitu Gichure | Published Wed, July 11th 2018 at 00:00, Updated July 10th 2018 at 23:23 GMT +3
Laikipia Governor Nderitu Muriithi (right) and his deputy John Mwaniki, during the hearing of a petition challenging the gubernatorial election, at the Court of Appeal in Nyeri County. [Kibata Kihu/Standard]

Governor Ndiritu Muriithi wants a decision by the High Court to strike out a petition challenging his election win upheld.

Muriithi, through his lawyer Cecil Kuyo, yesterday asked the Court of Appeal to throw out an appeal filed by a voter, Sammy Ndung’u Waity.

In his appeal, Waity wants a judgement dated January 31 by Lady Justice Mary Kasango at the Nanyuki High Court set aside and the governor’s election invalidated. Waity is also contesting orders to pay Sh12 million as legal costs of the petition.

Waity described the costs as exorbitant, excessive and contrary to the Advocates Remuneration Order.

Kuyo argued that the appellant had failed to prove allegations of massive material discrepancies, errors and irregularities in the statutory electoral forms produced in court during hearing of the case challenging his victory in last year's General Election.

The lawyer said the burden to produce proof of massive irregularities in Laikipia West and North lay with the appellant, whom Kuyo described as being on a fishing expedition.

“He has failed to produce any evidence to substantiate his allegations."

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Kuyo told justices Fatuma Sichale, Asike Makhandia and Sankale ole Kantai there was no evidence on record to warrant the High Court to issue orders for the scrutiny of votes in all polling stations in Sossian Ward.

But Waity argued that the judge erred in expunging testimonies of six key witnesses and allowing the withdrawal of a second petitioner, Dennis Leman.

The court will deliver judgement on July 31.

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