Strike out Mwakwere appeal, says petitioner

A voter who successfully challenged the election of a Cabinet minister now wants the politician’s appeal struck out.

Mr Ayub Juma Mwakesi wants the appeal by Trade minister Chirau Mwakwere challenging the High Court decision that declared he was not validly elected as Matuga MP dismissed since it had been overtaken by events.

Mr Justice Mohammed Ibrahim, sitting in Mombasa, allowed the petition on February 5, this year, noting that the 2007 elections in Matuga were not conducted in accordance with the law.

The petitioner, through lawyer Mohammed Balala, says that pursuing the appeal is an “academic exercise” since Mr Mwakwere contested in the July 12 by-election and was declared the winner by the electoral commission.

In the circumstances, Mr Mwakesi argued that the appeal filed by the respondent had been overtaken by events.

In his appeal, Mr Mwakwere had argued that the evidence adduced in court during the hearing of the petition touching on an electoral official ought not to have been taken into consideration in determining the case.

Judge also wrong

He said since the Court of Appeal found that the returning officer for Matuga constituency, Mr Ali Maalim, was no longer a party to the petition, the High Court erred by proceeding to consider and make specific findings against him on the pretext that his removal from the case came too late.

He said the judge was also wrong in holding that the petitioner had acquired some vested rights in respect of the proceedings and proceeded to consider the evidence adduced touching on the electoral official.