Three 'block' Daniel Karaba from withdrawing poll petition

The High Court in Kerugoya was on Monday thrown into quandary after three residents tried to block former Kirinyaga senator Daniel Karaba from withdrawing a petition he filed challenging the election of his successor Mr Charles Kibiru.

The residents, led by a senatorial poll loser James Karubiu, Stephen Karua and Nyairo Ondieki, filed an application in court and sought to be substituted as the petitioners.

VALIDITY

Through lawyer Julius Njoroge, the poll loser indicated that Mr Karaba’s withdrawal should not mark the end of the case and it should proceed to judgment.

“Voters have a right to know the real winner of the senator elections in Kirinyaga County who should exercise his mandate without a doubt on validity of his election,” said lawyer Njoroge in the application.

He told Justice Abigail Mshila that the applicants intend to take over the petition so that the truth can come out on who was the true winner in the disputed poll.

The lawyer added that the applicants were aggrieved by Mr Karaba’s intention to withdraw from the case, suspecting that there could be collusion.

The former senator had sought to withdraw the petition, citing lack of faith in the judicial process and that the case was being manipulated by some powerful forces.

CONFUSION

On Monday, the court was set to give a ruling on Mr Karaba’s decision but there was confusion following the residents’ application to be substituted as the petitioners.

The applicants told the court that Kirinyaga residents were entitled to the final hearing and determination on merits of all election petitions by dint of articles 38, 81 and 86 of the Constitution.

“Since the main reason given by the petitioner for withdrawing the petition is that he has become disillusioned with the electoral justice system, the applicants who have great faith in Kenya’s justice system should be allowed to be substituted as petitioners in place in order to vindicate the integrity he has questioned,” said the applicants.

JUSTICE

They indicated that they were suspicious of a scheme to defeat the course of justice on the part of the parties involved in the case.

The applicants termed Mr Karaba’s move to withdraw as prejudicial to Kirinyaga voters and all Kenyans as they expect the Senate to be lawfully constituted by duly elected senators.

In response, Mr Karaba’s lawyer Kibe Mungai told the judge that the court should first issue a ruling on the decision by the former senator to withdraw from the suit before allowing the applicants to be enjoined.

The case is scheduled to continue on Thursday.