Judges set for hearing of election petitions

By Robert  Nyasato and Patrick Kibet

Kisii and Narok,Kenya:Petitioners seek results to be nullified over claim figures do not add up

Pre-trial conferences on cases challenging the election of various officials have been set in the coming weeks.

Cases challenging the election of Kisii Senator Chris Obure and Bonchari MP Zebedeo Opore are set to start in two weeks time while that challenging the election of Narok governor Samuel Kuntai will be heard on May 20.

The election court sitting in Kisii yesterday fixed Obure’s and Opore’s conference for May 27 where all issues touching on compliance of the petitions with the law will be sorted out. Trial judge Ruth Sitati directed all parties to file applications seeking injunctions before May 22 and responses before the close of business on May 24.

Mr Charles Mogere, a close ally of former South Mugirango MP Omingo Magara, is challenging the election of Obure during the March 4 General Election on grounds that the process was flawed.

The petitioner is demanding scrutiny of forms 35 and 36 used in all polling stations claiming the figures do not tally.

validly elected

In his suit, he has named Mr Obure, County Returning Officer Shem Nyang’au and the Independent Electoral and Boundaries Commission (IEBC) as respondents.

Yesterday, Mogere’s lawyer Philemon Ochwangi asked for more time to make further applications.

Mr Chacha Odera for Obure asked the court to provide for expeditious determination of the petition. “The court is under duty to determine expeditiously election petitions as per the provisions of the law,” said Judge Sitati. She fixed the hearing date to be between May 17 and 21.

In the Bonchari petition, Jackson Omwenga appearing for the petitioner John Oroo asked that the court allow the parties to come up with the list of issues.

Lawyer Ken Nyaundi appearing for Opore and IEBC’s Charles Rigoro agreed to consolidate the issues before the pre-trial dates. Mr Oroo moved to court to challenge the election of Opore on grounds that he was not validly elected.

In the suit against Kuntai, all 14 parties have been ordered to appear before the High Court in Nakuru to determine the schedule of the hearings.

Joseph Tiampati ole Musuni, Ledama Olekina and Francis Simiren Nkoitoi have challenged the election of Kuntai and his deputy Aruasa Avalyn Chepkurui citing massive inconsistencies and irregularities in the declaration of results.

Judge Roselyn Wendoh will hear the petition.