Judge to give verdict on Othaya petition today

The High Court in Nyeri is today expected to make a ruling on two applications in the Othaya election petition.

Justice Jairus Ngaah is expected to rule whether the parliamentary votes cast on March 4 will be recounted.

He is also expected to rule whether Othaya MP Mary Wambui will present her education academic certificates in court.

Last month, Wambui opposed an application that she produce her academic certificates.

Petitioner Peter King'ara wants her to produce in court certified copies of her O-level certificates and post-secondary school certificates and diplomas.

King'ara's lawyer, Kyalo Mbobu, told the court that Wambui testified that she has an O-level certificate from the British Council.

"We want to know whether she had all the qualifications needed for one to vie for a parliamentary seat," he said.

But Wambui's lawyer, Cecil Miller, said the application has no basis and only seeks to have the court act in vain.

Miller said there was no requirement of education in law which was needed for a candidate to vie for a parliamentary seat in the March 4 general election.

Wambui has also opposed King'ara's application to have the votes cast in Othaya scrutinised and recounted.

"There is no enough reasons and sufficient evidence for the court to warrant the scrutiny at this time. We are only left with submissions and judgment. A recount will not effectively determine the petition," said Miller.

King'ara says more than 90 out of 112 polling stations had anomalies which resulted in 4,600 missing votes.

The IEBC, through lawyer Gideon Kibet, has opposed the application saying the votes recount cannot be allowed at this stage because the court has no time.

King'ara's lawyer Mbobu, Githinji Marete and Carol Kimere told the court that the truth only lies in the ballot boxes and there is need for them to be re-opened for justice to be found and the votes re-count and scrutiny.

This article was published on THE STAR on August 6 2013