Karua's chief agent Wanjohi at pains to prove allegations

Martha Karua swears an oath before testifying against the election of Kirinyaga Governor Anne Waiguru at Kerugoya High Court on April 10, 2018. Her chief agent has testified. PHOTO | JOSEPH KANYI | NATION MEDIA GROUP

What you need to know:

  • Mr Wanjohi could not prove reports of voter bribery and agents been denied access.
  • Two Narc-Kenya agents allegedly denied access to polling stations are expected to testify.

Narc-Kenya leader Martha Karua's chief agent was Friday put to task to explain and prove claims that the party's agents were denied access to polling stations in Kirinyaga County during last year's General Election.

Governor Anne Waiguru's lawyers poked holes into the witness' evidence and termed it as hearsay.

During the hearing of the petition challenging Ms Waiguru's win, Mr Felix Wanjohi narrated to Kerugoya High Court how Ms Karua's agents were allegedly barred from polling stations by Independent Electoral and Boundaries Commission (IEBC) presiding officers.

During cross-examination, Mr Wanjohi was tasked by both the governor and IEBC lawyers to read out to judge Lucy Gitari records of the poll agency.

POLLING STATIONS

Lawyers Paul Nyamodi and Andrew Muchiri, for governor Waiguru, termed Mr Wanjohi's evidence as rumours and that the information on alleged malpractices was from third parties.

Mr Wanjohi confirmed to the court that he got the reports of voter bribery and agents been denied access from other people.

The lawyers disputed Mr Wanjohi's evidence after the court heard that he did not visit all the 659 polling stations, but only several of them on the election day on August 8.

"The agents were kept out of polling stations. They were denied right to witness voting.

"I got a chain of calls from super agents complaining. I went to Lower Baricho polling station where I found the agents had just been allowed in and at Karoti where I found the agents had been barred," Mr Wanjohi said, while supporting Ms Karua's claims that the election was not credible.

SUPER AGENTS

The witness said he visited all the four constituencies on August 8.

But lawyer Muchiri posed: "If he was not present, can he authoritatively tell what presiding officers and the agents discussed at 6am when voting was starting? Can he speak as an eye witness and give account?"

Mr Muchiri further told Judge Lucy Gitari that there was absence of express information on what time Ms Karua's super agents finished circulating to their junior agents the documents needed to access polling stations.

The court heard that the documents were circulated early in the morning on election day.

"There is no affidavit from a super agent indicating at what time they completed circulating the letters to their agents," Mr Muchiri said.

The witness was taken through tens of polling stations where he claimed agents of Narc-Kenya had been blocked, and did not witness opening and sealing of ballot boxes before voting kicked off.

TIMING

Mr Muchiri showed him records of the electoral commission in polling stations he picked randomly in wards like Nyangati, Murinduko, Tebere, Wamumu, Mutithi, Kangai, Baragwi, Mutira, Ngariama and Karumande.

The records perused in court revealed that Ms Karua's agents were at the polling stations and they signed the electoral forms to confirm attendance.

For instance, at Wang'uru Secondary School polling station, Ms Karua's agent Alice Mukami signed at 5.30a.m; another agent named David Kiriungi signed at 5.40a.m and at Wang'uru girls Ms Karua's agent named Stanley Karuoya signed at 6.00a.m.

The court heard that at Mutithi Primary School polling station Ms Karua's agent Micheal Muriithi signed at 5.30am; at Riandira station agent Monicah Muthoni signed at 6.43am; and at Itangi polling station an agent only identified as Peterson signed at 5.30am.

FORGERY

However, Mr Wanjohi disputed the signatures appended by the agents, alleging forgery.

He also disputed the data entered in the documents.

Lawyer Muchiri challenged Mr Wanjohi's observation on the questionable signatures, saying there are no affidavits by the agents disputing their signatures.

When the case resumes on Monday, two Narc-Kenya agents allegedly denied access to polling stations are expected to testify.

Mr Muchiri told judge Gitari that Priscilla Wanjiru and Zipporah Muthoni have sworn affidavits as witnesses in support of the governor and his deputy Peter Ndambiri.