Othaya MP Mary Wambui yesterday won round one of a petition filed against her election after Nyeri High Court rejected a plea by loser Peter King’ara to order for scrutiny and recount of votes for the Othaya parliamentary seat.
Judge Jairus Ngaah gave the ruling during a pre-trial conference saying it would be erroneous for the court to order a scrutiny at the pre-trial stage unless the only issue in the petition is the tally and count of votes.
He, however, said the petitioner may obtain orders for scrutiny at any stage of the election petition proceedings so long as he has laid a basis. He said he could not order a recount as the margin between King’ara and Wambui was wide.
Wambui garnered 1061 votes more than King’ara. He said scrutiny of votes is not always the first agenda while determining the election petition.
King’ara, through lawyers Kyalo Mbobu and Kithenji Marete, had asked the court to allow scrutiny and recounting of votes arguing that for the truth to be established a recount had to be conducted.
He had also applied for the court to take into its custody the ballot box seals that had been obtained in a polling station which he intended to produce as evidence arguing it could have been a way of subverting the democratic process of Othaya voters.
Wambui and the IEBC had taken issue arguing that it is only the IEBC that is supposed to have the custody of any election material and King’ara should have taken the material to the police or returned them to the IEBC.
Through her lawyer Cecil Miller, Wambui had argued if the court admitted the seals to its custody, it would be encouraging the commitment of an offence.
However, Judge Ngaah while giving his ruling said that the seals had been admitted through affidavits filed by one of the witnesses allowing for the seals to be admitted in custody of the court.
POSTED by THE PEOPLE on May 25, 2013
