Martha Karua's running mate a 'no-show' in court

Lawyer Andrew Muchiri, who is representing Governor Anne Waiguru, cross-examining Kirinyaga County Returning Officer Seki Lempaka on May 23, 2018. PHOTO | JOSEPH WANGUI | NATION MEDIA GROUP

Kirinyaga County Returning Officer Seki Lempaka has complained over Martha Karua’s running mate failure to appear in court as a witness in a petition that is challenging election of Governor Anne Waiguru.

The court heard that Joseph Gachoki Gitari, who was Ms Karua’s proposed deputy governor, is among the witnesses who have failed to turn up despite filing affidavits.

WITNESSES

Mr Lempaka, while being cross-examined by Governor Anne Waiguru’s lawyer Andrew Muchiri, said the witnesses have infringed his rights to defend the commission’s integrity against the allegations raised by Ms Karua.

The court heard that Mr Gachoki filed affidavit claiming that the Kirinyaga governorship election was flawed due to irregularities and illegalities.

The affidavit cites Kimunye and Kangaru polling stations as areas where the election was irregular.

Mr Lempaka told the court that the election was fair and was conducted in accordance with the constitution.

He denied inflating Governor Waiguru’s votes by over 48,000 votes noting that Ms Karua’s petition does not specify polling stations where the alleged malpractice occurred.

Ms Karua had claimed that the inflation of votes was widespread across the county.

"As a respondent, I cannot ascertain particulars of the allegations,” said Mr Lempaka.

On Ms Karua’s allegations that there was use of unauthourised persons in polling centres, forgery of electoral documents and cheating among other vices, Mr Lempaka stated that there is no evidence to prove the claims.

“There is no evidence or affidavit to proof allegations of cheating, intimidation, voter bribery and exclusion of agents from polling stations,” he stated.

He admitted that agents of various election candidates were denied access to polling stations due to lack of requisite documents.

He cited out Governor Waiguru’s agent Mary Wambui who was barred but was allowed later as she did not have proper credentials including badge, appointment letter, oath of secrecy from commissioner of oaths and national identity card.

The court heard that a Jubilee Party agent Wambugu Warathanu who was for Women Representative Wangui Ngirichi was also excluded for failing to comply with the commission’s regulations.

“Exclusion was on account of non-compliance with regulations. No evidence by the petitioner showing her agents were barred despite having the requisite documents,” the court heard.

Mr Lempaka added that some Ms Karua’s agents were not allowed in polling stations because they were receiving their appointment letters on the Election Day, thus delaying their approval.

“Samuel Chini, a petitioner’s witness, admitted that the letters were circulated on the day of the election. He said it is normal practice. No evidence they managed to distribute to the 659 polling stations in good time,” the court heard.

Mr Lempaka further denied that Nguka NIB store and Ngurubani primary school stations in Mwea constituency were manned by unauthorised persons named as a Mr Juma and Hon Nderitu, respectively.

The court heard that the allegations are unsubstantiated, while Mr Lempaka added that they never arose.

On claims that there was forgery of electoral documents, Mr Lempaka said Ms Karua has not provided particulars of the polling stations where the forgery happened.

The hearing of the case continues tomorrow.