The petitioner challenging the election of Tongaren MP Eseli Simiyu has lost the first round of his suit after the court declined to order a scrutiny and recount of votes in specific polling stations.
Through lawyer Francis Etole, Mr John Chikati had wanted the court to order a scrutiny and recount of votes in some polling stations where he alleges there were irregularities.
However, Judge Francis Gikonyo, sitting in Bungoma, dismissed the application saying it had been filed too late after all parties in the petition had closed their cases.
Dr Simiyu’s lawyer Cecil Miller opposed the application to recount and scrutinise ballots, saying granting the application would mean reopening the entire petition.
“Granting the application for the recount at this stage will mean starting the whole petition all over again. That will be wasting the court’s time. The application should have been made earlier if the petitioner had solid reasons to support the request,” Mr Miller said.
Justice Gikonyo, while dismissing the application, pointed out that ordering a recount would complicate issues.
He directed the lawyers to make their submission within seven days.
The hearing continues on July 1.
POSTED by DAILY NATION on May 29, 2013
