Former Nairobi Mayor George Aladwa is set to testify against Benson Mutura, who was declared Makadara MP in the March 4 elections. Aladwa, through Lawyer Cecil Miller, told the court that he will call 35 witnesses from different polling stations.
Mutura, who is represented by lawyer Kibe Mungai, will give his testimony during the hearing of the petition.The defence intends to call two other witnesses.
High Court judge Richard Mwongo allocated the case four hearing dates: June 3,5,6, and 11.Aladwa is seeking to nullify the election of TNA’s Mutura as Makadara MP saying his win was fraudulent.
The former civic leader, who contested on the ODM ticket, says there were many irregularities during the election.In his petition, Aladwa says the Makadara poll was not carried out in accordance with the provisions of the Election Act 2011.
Aladwa has named Mutura as the first respondent and returning officer Florence Kwamboka and the Independent Electoral and Boundaries commission as the second and third respondents.
He said Form 36 which was used to declare the final result was not signed by Kwamboka as required by the law.Mutura garnered 37,644 votes against Aladwa’s 36,079.
The constitution and Elections Act require a petition challenging the election of a member of the National Assembly or a county election be heard and determined within six months of the date it was presented.
