Court throws out Wetang’ula election petition

By Standard Reporters

A petition challenging the election of Foreign Affairs Minister Moses Wetang’ula as Sirisia MP has been thrown out.

Chaos erupted in Bungoma town after the ruling was made.

Fighting broke out between supporters of the petitioner, Maj (rtd) John Waluke and Wetang’ula’s.

Delivering the ruling, Lady Justice Florence Muchemi said the process server, Tom Nduku, was not permissible when he served the minister.

She recommended that action be taken against Mr Nduku, saying the mistake had made the petitioner incur huge costs.

"I hereby strike out the petition with cost to the petitioner," ruled Muchemi.

Several injured

Armed policemen dispersed the two groups and several people were injured.

Addressing a news conference later, Waluke claimed the case was marred with irregularities, saying he would move to the Court of Appeal.

He accused Wetang’ula of using delaying tactics to deny Sirisia people their rights.

He also accused the police of beating up his supporters who were protesting peacefully. Waluke was disputing Wetang’ula’s re-election. Lawyers Alex Masika and Cole Wangila represented him.

Wetang’ula’s lawyers had filed another application to strike off the case. Five lawyers led by retired Justice A B Shah represented him.

The lawyers argued they were correcting anomalies that occurred when Wetang’ula was being served.

Denied allegations

Meanwhile, Housing Assistant Minister Margaret Wanjiru has denied allegations she gave out Sh2 million to election officials to alter poll results in her favour. Bishop Wanjiru told trial judge Kihara Kariuki she does not believe in bribes.

"The faith I profess cannot allow me to participate in such an act," she said.

Wanjiru took to the witness stand to defend her Starehe seat in an election petition filed against her by former Sports Minister Maina Kamanda. Led in her evidence by advocate Chacha-Odera, the bishop said the atmosphere at the tallying centre was charged and could not allow for such an act.

—Stories by Robert Wanyonyi, Roselyne Obala and Nancy Akinyi