You can’t question registrar on audit, judge tells Martha Karua

The High Court in Kerugoya has barred Narc Kenya party leader Martha Karua from questioning  the court’s deputy registrar on the  findings of an audit of election materials used in the Kirinyaga governorship election.

Justice Lucy Gitari said the registar, Wambu Otieno, who is a senior resident magistrate,  is an independent officer and cannot be subjected to clarifications and conversations.

FORMS

Justice Gitari told Ms Karua that if she is disputes the registrar’s report, she can raise her reservations in her submissions.

She was also stopped from referring to documents that are not part of the court records, or part of her evidence, such as the election statutory forms.

“The petitioner cannot rely on documents that are not in her pleadings or affidavits. She cannot rely on documents that are not part of the evidence,” Ms Gitari said.

Ms Karua wanted to be allowed to cross-examine the registrar on why the report was incomplete. She said the report, though admitted in court, was prejudicial to her.

While testifying during the hearing of her petition against the election of Governor Anne Waiguru, the former Justice minister complained that a flashdisk containing part of her evidence had gone missing in court.

She said the disk had videos of Jubilee Party and Governor Waiguru’s agents bribing voters.

“I was accompanied by my lawyer, Gitobu Imanyara, on September 5, 2017, to file the petition. I witnessed the handing over of the petition,  and sealed envelopes containing the flashdisk and a compact disk. We also asked the court officers to handle them with care,” said Ms Karua.

“The disk has a video of a Jubilee Party official bribing voters at Kangaru School in Mwea, Ciagiini and Wang’uru. Also, a video and photos of Mutithi Primary School headteacher canvassing and bribing voters at the gate. They were filed together with the petition,” Ms Karua told the judge.

IEBC

She testified that copies of the 76-page petition and evidence, including the flasdisks, were served to lawyers representing the governor and the Independent Electoral and Boundaries Commission (IEBC).

While allowing adjournment of the video evidence, the court heard that the  official who received Ms Karua’s evidence had been transferred.  Justice Gitari directed that the  officer be contacted to explain what had happened.

Governor Waiguru’s lawyers