Obure to know his fate in September after submissions
By ERIC ABUGA and BRYAN TUMWA
| July 27th 2013
By ERIC ABUGA and BRYAN TUMWA
Kisii,Kenya: Kisii Senator Chris Obure has to wait until September 16 to know his fate in a petition challenging his election. Kisii County Magistrate Judge Ruth Sitati set the date after final submissions from both sides yesterday.
Representing the petitioner, lawyer Mboya Ogutu submitted that electoral misconduct committed by the 1st and 2nd respondents was unacceptable in the modern electoral process. Mr Ogutu said holding contrary to the petitioner’s submission will paint the electoral body in bad faith and the Kisii senatorial elections were not fair, free and accurate.
He sited Section 86(a) of the Constitution, which talks of an accurate election. He noted a total of 14,322 votes were unlawfully deducted from the beneficiary candidates and this was to change the final tally of the senatorial results in Kisii County.
He submitted that 4,002 votes were unlawfully factored in favour of the first respondent and this would diminish the results in the same margin if deducted. He further said that Form 36 from Bobasi Constituency was not signed hence raising questions on the origin of the results and its validity.
He quoted the case of Mutuku and three others versus United Insurance Company limited (Ringera J) where the court ruled that unsigned pleading cannot be valid in law. Lawyer Charles Rigoru for IEBC submitted that the Kisii senatorial elections were conducted within the law and general principles of elections.
He noted minor complaints that affect the results could not be used to nullify the final results. Obure’s lawyer Chacha Odera submitted that validity of results could not be easily compromised since contents of Form 36 is derived from Form 35.
He said: “One should not look at the results selectively.” Chacha said elections could not be nullified merely because of double entry, adding the court has jurisdiction to strike out the contested votes.
Elsewhere in Kakamega, Justice Juma Chitembwe ordered for the recount of votes in two polling stations in Navakholo Constituency in the petition against the election of Navakholo MP Emmanuel Wangwe. The Judge ordered the recount of votes in Emuhuni Primary school Stream One and Kaunda Market.
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