The hearing of an election petition for Juja Constituency has been delayed to allow the petitioner to file more evidence at the Kiambu High Court.
Justice Roselin Wendoh directed that the petitioner files and serves parties within three days after which the court will decide on the hearing date. “I have considered the application to allow the petitioner file a replying affidavit strictly touching on what the respondent has filed,” she said.
The petition for Juja was filed on September 5th by Jubilee candidate Aloise Kinyanjui challenging UDA candidate George Koimburi’s win claiming the election was not free and fair.
According Kinyanjui’s lawyer Ndegwa Njiru, the Independent Electoral and Boundaries Commission (IEBC) Juja Returning Officer did not comply with the law relating to elections while conducting the election for Juja Parliamentary seat on August 9 hence his re- election should be declared null and void.
Wilfred Mutubwa the Independent Electoral and Boundaries Commission and the Juja Constituency Returning Officer’s lawyer today asked the court to dismiss the application since it has no basis and the court is handicapped.
He told the court that the petitioner had no specific material, no formal application, no scope of what he intended to file on his newfangled application. “If the order is granted it will be predisposition to my clients the IEBC and the returning officer,” he told the court.
According to lawyer Mr Mutubwa, the respondent received the petition and responded on September 30, he argued that if the application is allowed it meant that will be new evidence introduced to the petition.
The petitioner’s lawyer Njiru however told the court that according to article 50 for the court to be fair it had to give directions on allowing an application of the new affidavit.
“My application is to file further affidavit and not new evidence, I will restrict myself to material and evidence from respondents,” he said.
Lawyer Njiru said he had 75 witnesses all who are crucial in the matter and urged the court to allow 15 minutes to each witness during the hearing.
