Mbugua swears to speed up petition

By WAHOME THUKU

Kamukunji MP Simon Mbugua swore to ensure a petition challenging his election moves with speed.

Yesterday, Mr Mbugua took oath in court before Justice Mary Ang’awa and swore that from Monday, he would proceed with the two-year-old case with or without his lawyers.

The petition had been scheduled to be heard throughout this week, but failed following reports that Mbugua’s lawyer Kibe Mungai was unwell.

An ODM candidate Ibrahim Ahmed had filed the petition in August 2008.

Mbugua was declared the Kamukunji MP on August 11, 2008, after the High Court ordered the returning officer to complete the tallying in the suspended election and announce the winner.

Pulled out

Since then, the two-year-old petition against Mbugua has been a subject of controversy.

Two other judges have disqualified themselves from presiding over the petition for different reasons.

Mbugua has made more than ten applications to have the petition dismissed.

The Kamukunji has also appealed against rulings made by the previous judges.

When judge Justice Fred Ochieng’ disqualified himself from hearing the petition over bribery remarks, lawyer Mungai was cross-examining the petitioner.

Justice Ang’awa then took over the election petition early this month and said she would hear it on daily basis untill the end. But Mungai has been ill for the better part of the week.

A medical report showed his doctor had instructed him to take four days off duty and to engage only in light duties for ten days.

In person

Mbugua has had to address the court in person, though Mungai had sent another lawyer to stand in for him.

On Wednesday, the MP complained the court was intimidating him by summoning him yet he had a lawyer on record.

But Justice Ang’awa assured him then that the court only wanted to confirm he was the respondent in the petition.

Yesterday, the judge and the MP had a lengthy discussion on the way forward, in the presence of other lawyers. Mbugua then undertook to get a replacement if Mungai will not have recuperated by Monday.

He told the court: "I pledge that on November 22, I shall proceed as per the consensus of the counsel, to which I’m a party".