MP hires new lawyer in petition case

By JUDY OGUTU

Gatundu North MP Clement Kungu Waibara has hired a new lawyer to represent him in a petition challenging his election a day after another withdrew from the case.

Yesterday, the case was adjourned for the last time to allow Evans Ondieki to understand the case.

High Court Judge Fred Ochieng’ ruled the case would proceed today without any other adjournment for any party.

Lawyer Ken Odera pulled out of the case on a day a witness testified he had taken English proficiency test on behalf of the MP.

Justice Ochieng’ said yesterday the court was not prepared to let anyone derail the hearing of the petition.

Sufficient proficiency

Former Gatundu North MP Patrick Muiruri is challenging Waibara’s election. The petition queries how the MP was nominated and even took part in the 2007 parliamentary election yet he did not allegedly possess sufficient proficiency in English and Kiswahili languages.

On Tuesday, Martin Ndung’u, a voter in Gatundu North, admitted sitting the language proficiency examination on behalf of the MP.

He told Justice Ochieng’ he did so out of mercy and did not get anything in return, as he was helping a friend.

Muiruri claimed the elections were marred with irregularities and alleged that the MP did not possess sufficient academic qualifications and did not also complete high school.

The first petitioner in 2008 was Peter Kamau, who failed to pursue it.

The former MP sought and was allowed to replace Mr Bernard Chege after he filed an application saying he should be substituted as the petitioner because Chege had failed to prosecute the petition.

"There is no doubt that the petitioner has been compromised so that the petition may be dismissed for want of prosecution," he claimed.