News 2008


ECK Hands Over Ballots to Court for Hearing

The Nation (Nairobi)

11 March 2008

Wilfred Muchire and George Munene


The ECK Monday moved to beat the deadline issued by an election court to surrender election materials for Kirinyaga Central constituency to the High Court pending the hearing of a petition.

The commission transported 102 ballot boxes stuffed with ballot papers and other election materials to the High Court in Nyeri where Lady Justice Mary Kasango will be hearing the petition from April 10.

In the petition, immediate former area MP Daniel Karaba is challenging the election of Mr John Ngata. Mr Karaba, who vied on a PNU ticket, garnered 16,264 votes against Mr Ngata of Ford Asili's 17,830.

On Monday last week, lawyer William Kipkorir Arusei, who is representing the ECK, promised to have the materials ferried to Nyeri by Monday, the deadline set by the court on February 11 when the matter was heard the first time.

In another election petition, the ruling on an application filed by Garsen parliamentary loser Hussein Dado for scrutiny of all documents used in last year's General Election will be delivered Wednesday.

Mr Justice Leonard Njagi is expected to give his verdict on whether the petitioner will be allowed to inspect all the counterfoils, ballot papers and votes cast during the December 27 polls.

The case was placed before Mr Justice Njagi after Mr Justice Joseph Sergon pulled out, citing personal reasons.

At the same time, the election winner, Mr Danson Mungatana, through lawyer Cecil Miller, has filed an application to have the petition thrown out. The application will be heard on April 28.

Mr Dado claims that the ECK and the returning officer omitted to prepare accurate, complete and signed returns, including a certificate of the results of the election.

He also claims the results were unlawful, false and fictitious. In addition, Mr Dado alleges that on December 28, a police helicopter crashed at Gomesa and that some ballot papers and boxes retrieved by the public were destroyed without a proper audit.

Mr Mungatana got 7,519 votes against Mr Dado's 4,741.

And the Matuga petition filed against Transport minister Chirau Ali Mwakwere by Mr Ayub Juma Mwakesi and the Likoni petition filed against Mr Mwalimu Mwahima will be mentioned Tuesday.

The Bura petition filed against MP Abdi Nassir Nuh by Mr Abdureheman Hassan Halakano will be mentioned on April 4.