The hearing of a petition challenging the election of Dr Eseli Simiyu as Tongaren MP has been adjourned.
Petitioner John Chikati concluded his submission Thursday.
The hearing resumes on Monday.
Drama ensued at the High Court after one of the witnesses for the petitioner admitted collusion to block the MP’s election.
Dr Simiyu’s lawyer Cecil Miller: “I want to suggest to you that you have come together as people from one village with a common agenda of blocking the election of Dr Simiyu.” The witness responded “yes”.
The court, including presiding judge Francis Gikonyo burst into laughter.
Mr Miller told the court that all the petitioner’s witnesses were from Lukhuna village, the home turf of Mr Chikati.
A man who lost in the elections, Mr Julius Bakasa, was also a witness for the petitioner.
The respondents – Dr Simiyu and the IEBC – will reply to the petitioner’s claims from Monday after which a date for the final submissions will be set and the ruling date fixed.
Mr Chikati wants the election of Dr Simiyu overturned on grounds that the entire process was marred with irregularities.
He cites cases of use of unsigned Forms 35 and 36 to announce the results declaring his rival the winner.
The petitioner further alleges that the Tongaren MP used violence to intimidate his supporters not to vote.
Mr Chikati also wants Dr Simiyu’s election quashed on grounds that some polling stations like Lukhuna Primary School closed early for the alleged lack of ballot papers, denying his supporters a chance to vote.
This article was published by THE DAILY NATION on May 24, 2013
