Politicians turn court into theatre

By WAHOME THUKU

Kamukunji MP Simon Mbugua and his ODM rival Ibrahim Ahmed have produced video clips to implicate each other in the chaos that marred tallying of votes in the constituency in December 2007.

And the two have turned a courtroom into a video theatre — complete with a projector and a big white screen — to prove their point in a petition filed against Mbugua by Ahmed.

The clips, which have been played for two weeks before presiding judge, Lady Justice Mary Ang’awa, contain footage of the chanting, shouting and exchange of words among supporters during the tallying at Shauri Moyo Social Hall.

They show the build up of tension that led a group of supporters to wrestle the Returning Officer to the ground and snatch from her ballot boxes and other electoral material.

The chaos erupted soon after Electoral Commission of Kenya (now defunct) officials completed tallying results from 135 of the 157 polling stations. The constituency had 25 parliamentary candidates.

The ECK then called off the tallying, prompting Mbugua to move to court. He successfully sought orders to have the ECK compelled to complete the process.

In August 2008, the court quashed the decision to call off the tallying and ordered the ECK to complete the tallying and announce the winner.

Mbugua was declared winner with 22,614 votes while Ahmed garnered 16,604 votes. Ahmed filed a petition challenging Mbugua’s victory.

The two are accusing each other of having incited their supporters to cause the chaos. And they are using the electronic evidence to ascertain their allegations.

Ahmed claims no results were ever announced despite Mbugua having been declared winner. He said the same results quoted before Mbugua went to court were the same ones announced even after the order for completion of the tallying.

Becoming popular

Video evidence is taking root in Kenya’s judicial system and politicians, especially, might want to keep video recordings of their rival’s conduct during campaigns and elections just in case of a petition.

Early this year, former Sports Minister Maina Kamanda produced video evidence to prove that his political rival, Bishop Margaret Wanjiru, had admitted irregularities in the 2007 Starehe parliamentary elections.

The clips produced in a petition filed by Kamanda contained pictures of the MP complaining bitterly that the elections had been rigged and demanding a repeat.

Wanjiru, however, denied having admitted rigging in Starehe. She produced her own video clips to prove she won in a free and fair election. The petition went through and her election was nullified. She, however, beat Kamanda in subsequent by-election.