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Five people charged for flaunting electoral laws in Nyaribari Chache by-election

By KENAN MIRUKA AND ERIC ABUGA | December 30th 2013


Five people were on Monday arraigned before a Kisii court charged with flounting electoral laws in the Nyaribari Chache by election.

Enock Mauti, a brother to TNA candidate Dr Robert Monda was among those who appeared before Kisii chief magistrate Kibet Sambu charged with engaging in electoral malpractices.

Party agents Rose Gesare Mose (KSC), David Mogaka, Gideon Bosire and Jason Obino (TNA) were also charged.

Only Gesare had her charges read to her in court and she was released on a Sh 100,000 bond. Charges for the other four were quashed by the magistrate on grounds of lack of evidence.

The charge against Gesare read that on December 30th,  in Nyaribari Chache, she was found distributing cash and credit cards to voters contrary to section 69 (3) of the elections Act 2011. She was released on a Sh100, 000 bond.

Mauti and Bosire were charged with attempting to bribe voters at Eremo and Jogoo primary school polling stations.

“This is a skeleton charge sheet so I order that the prosecutor to goes back to the drawing board and prepares a quality charge sheet that will allow the court proceed with the case,” ruled Sambu.

Through their lawyer Cyrus Minda, the two told the court that they had suffered serious injuries inflicted on them by bodyguards belonging to a known politician.

The lawyer also asked the court to order the prosecutor to provide witness statements and all documents pertaining the case.

The Judge ordered that the pleas be taken on 2nd of January next year as the office of the prosecutor makes changes to the charge sheet. The two were released on a cash bail Sh50, 000 each with similar surety.

Represented by the same lawyer, the suspects, David Mogaka and Jason Obino, wondered why they were taken to court in the first instance yet there was no charge sheet available for prosecution.

They were released on a personal bond of Sh50, 000 but she will reappear in court on Thursday January 2nd to take plea.

The lawyer asked to be supplied with witness statements. In off the cuff remarks, the magistrate warned the prosecution against rushed charges and called on parties in the case to remain calm.


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