Politics
The game is not yet over for those with pending petitions
Posted Saturday, February 6 2010 at 20:00
In Summary
- The cases have been resolved faster than ever as others face their fates soon
The General Election of 2007 was perhaps the most contested in Kenya’s history, and in January 2008, 39 candidates who were declared losers filed petitions against the winners.
More than 25 of the petitions were dismissed on technicalities, mainly because the MPs were not personally served with the papers.
Three years down the line, several MPs, among them assistant ministers, are still battling to retain their seats.
In Nairobi, the ghost of losing the coveted seat still hovers around Housing assistant minister Margaret Wanjiru and her Public Works counterpart Dick Wathika. Both petitions are at an advanced stage, with judges indicating their desire to conclude them as soon as possible.
Bishop Wanjiru, who trounced former Sports minister Maina Kamanda to claim the Starehe seat, has filed several applications in a bid to stall the petition.
It was only last week that the appellate court ordered a recount of the votes cast in 2007 after it was discovered she filed the appeal out of time.
Kamukunji MP Simon Mbugua’s election is also being challenged, and his lawyer Kibe Mungai has filed an application seeking the dismissal of the petition on grounds that he was not served personally.
Former MP William Kabogo also moved to court to challenge the election of Government chief whip George Thuo as Juja MP. The hearing of the petition begins Monday.
Assistant minister and Wajir South MP Abdirahman Hassan is also among those fighting of attempts to have their elections cancelled.
His attempt to have the petition dismissed on allegations that the petitioner- Mahamud Muhumed Sirat- was a foreigner was rejected by Justice Luka Kimaru a fortnight ago.
Before the application was brought, Justice Kimaru had ordered a scrutiny of the ballot boxes and a vote recount.
A petition filed against Ikolomani MP Boni Khalwale is also pending in court.
Former Kirinyaga Central MP Daniel Karaba was dissatisfied with the dismissal of his election petition and has moved to the Court of Appeal.
Mr Karaba’s petition was dismissed on the basis Ngata Kariuki was not personally served with the petition papers.
Three elections have so far been nullified -that of Omingo Magara (South Mugirango), Joel Onyancha of Bomachoge and Chirau Ali Mwakwere in Matuga.
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Submitted by NamasandaPosted February 07, 2010 10:15 AM




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An influential Minister clearly steals an election on broad daylight, then a petition is thrown out because he was not personally served yet he has the powers to evade such service, whats the justice in that? Courts need to be fair, throwing out a case on a technicality is very unfair for the petitioner, the voters and the country.