IEBC puts Karua on the spot over claim of missing flash disc

Narc-Kenya leader Martha Karua on Wednesday admitted that she did not include evidence she claimed went missing in the initial affidavits she filed in court as the electoral commission dismissed claims that a flash disc containing a video recording had disappeared.

Ms Karua had claimed that her evidence disappeared in court, but the Independent Electoral and Boundaries Commission (IEBC) put her on the spot,  noting that the disc was not included in her earlier affidavits and accused her of misleading the court. The IEBC, through lawyer Joe Kathungu, doubted that the flash disc was ever filed in court, or that it was missing.

But under cross-examination by the lawyer, Ms Karua maintained that the disc was filed together with other pieces of evidence, nine affidavits and the petition by her lawyer, Mr Gitobu Imanyara. She is challenging Kirinyaga Governor Anne Waiguru’s win.

Mr Kathungu disputed Ms Karua’s claims that the disc got lost in court saying, “If, indeed, she filed the disc in court, it is possible that she  or her agent made it disappear.”

The lawyer observed that the disappearance of the disc would provide grounds for an appeal by the petitioner.

Besides. Mr Kathungu told the court, the copies of the photos Ms Karua filed in court  were different from those served to the electoral agency.

And refuting Ms Karua’s claims that her agents were denied access to polling stations, Mr Kathungu asked why two of Ms Karua’s   agents were  recorded manning Mahigaini Polling Station together.

 The IEBC also said, “Many of her agents neglected their duties.”

Meanwhile, Governor Waiguru, through lawyer Paul Nyamodi, also doubted the existence of the said flash disc

He noted  that tthe word “flash disc” does not appear on the receipt dated September 5, 2017, issued to Ms Karua by the Judiciary when she filed the petition. The receipt lists all the  items she presented.

The court heard that  the High Court’s deputy registrar acknowledged receipt of Ms Karua’s  petition and the accompanying documents, as required by the Election Petition Rules 2017.

The IEBC told Justice Lucy Gitari that Ms Karua just wants to take the parties “on a tiring journey” with the petition.

The judge heard that Ms Karua also filed a compact disc as a back-up for the flash disc, and paid more than Sh30,000 to have the petition and the affidavits admitted.

The lawyer cited out Mahigaini nursery polling station where two of her agents were recorded manning the same stream instead of being present in others.