Kigumo MP loses petition in Murang'a governorship dispute

Kigumo MP Jamleck Kamau in a pensive mood as he speaks to a reporter in Nairobi on April 28, 2017. He has contested the victory of Murang'a Governor Mwangi wa Iria in the Jubilee Party nominations. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

What you need to know:

  • Mr Mbugua said all the forms being questioned were signed by Mr Kamau's polling agents, accepting the results.
  • Justice Ong’udi said Mr Nyamu's objection lacks merit and proceeded to admit all the evidence filed by Mr wa Iria.

The High Court has declined to grant a request by Kigumo MP Jamleck Kamau to have the Jubilee Party membership list rejected as evidence in the Murang'a governorship appeal.

Mr Kamau wanted the appeal filed by Governor Mwangi wa Iria struck out.

The MP protested the outcome of the Jubilee nomination for the county's governorship ticket.

MEMBERSHIP RECORD

Justice Hedwig Ong’udi rejected Mr Kamau's application seeking to have evidence filed by Registrar of Political Parties (RPP) Lucy Ndung’u on the current Jubilee party membership list expunged from the appeal record.

The evidence, which disclosed that the current party membership in Murang’a County is 514,000, had been filed by lawyer Tom Macharia for the recently formed political outfit.

Jubilee was registered in September 2016 and the party list used in the primaries was that of 2013, which Mr Kamau has challenged, arguing that the party had not been formed yet.

REPEAT NOMINATION

Mr Wa Iria got 205,941 votes against the legislator's 118,274.

Mr Kamau said he will not participate in the repeat primary, which has been temporarily halted, and alleged that the number of voters exceeded the registered members.

Additionally, through his lawyer Wilfred Nyamu, he had opposed the inclusion of the testimony from the RPP, saying "it had not been introduced as evidence before the Political Parties Disputes Tribunal (PPDT) when the dispute was tried".

FAIR HEARING

Mr Macharia protested the move to have the evidence expunged, saying it was new evidence that was being produced before the court on appeal by Governor wa Iria.

"I urge this court to reject the application by Mr Nyamu to lock out this crucial evidence, which beams down a lot of light on this appeal whose outcome will have adverse effect on JP’s nomination countrywide," Mr Macharia argued.

In addition, Governor wa Iria's lawyer, Mr Ng’ang’a Mbugua, said "this court allowed us on Sunday to file any new evidence that will assist the court to arrive at a fair and just decision".

Mr Mbugua said all the forms being questioned were signed by Mr Kamau's polling agents, accepting the results as declared; and that "none, including the Kigumo MP, questioned the validity of the 2013 party register that has given rise to the appeal".

RASANGA VERSUS GUMBO

In her ruling, Justice Ong’udi said Mr Nyamu's objection lacks merit and proceeded to admit all the evidence filed in the appeal by Mr wa Iria.

Nevertheless, she allowed Mr Nyamu time to file a response and directed the case be heard tomorrow.

Regarding the contest for the Siaya governorship between incumbent Cornel Rasanga and Rarieda MP Nicholas Gumbo, lawyer Omwanza Ombati, representing two voters, urged the judge to nullify the nomination of Mr Rasanga as the ODM candidate, arguing that over 145,000 newly registered members of the Raila Odinga-led party had been registered between 2013 and 2017.

"The political rights of 145,000 new members of ODM were contravened by being locked out from participating in the primaries," Mr Ombati said.

KITUI SOUTH NOMINATION

Mr Ombati, who produced the updated party membership list from the Independent Electoral and Boundaries Commission before Justice Joseph Sergon, said no citizens should have their democratic right to elect leaders of their choice infringed.

The petitioners - Jeconia Ogutu and Julius Ooko Okayo - want the court to cancel the certificate issued to Mr Rasanga and call for fresh polls, through which those claiming to have been barred will have a chance to participate.

Governor Rasanga secured 144,000 votes against Mr Gumbo's 90,000.

At the same time, Justice Aggrey Muchelule suspended the Jubilee primary for the Kitui South parliamentary seat pending the outcome of an appeal filed by the party over the direct nomination of incumbent Rachel Nyamai.