Nyeri judge dismisses applications challenging Wambui poll win

The Nyeri High Court has dismissed two applications that had been filed against Othaya Member of Parliament Mary Wambui by petitioner Peter Kinga’ra.

King’ara had sought the court’s permission to have the votes recounted citing irregularities in tallying. King’ara had also applied to have Wambui compelled to produce her academic documents for scrutiny.

Nyeri High Court judge Justice Jairus Ngaah ruled that the parliamentary votes cast on March 4 will not be recounted as the 22 witnesses presented by the petitioner did not show any evidence to justify the recount and scrutiny of votes.

Ngaah further dismissed the application to compel Wambui to furnish the court with her certified O - Level and post secondary school certificates and diplomas as they were not requisite to her eligibility to vie for the seat.

“The educational requirements should have been raised before the elections and not after. The court need to be more persuaded for Wambui to produce her certificates. The court has to consider whether the certificates have any relevance with the issue at hand,” the judge ruled.

This was the second time the court is dismissing the applications for votes recount and scrutiny. “The recount and scrutiny of the votes of Othaya member of the national assembly cannot all be done as applied. I therefore accordingly dismiss the applications,” Ngaah said.

Ngaah added that he will make final judgement on the academic documents in his final ruling. However, King’ara through his lawyer Kyalo Mbobu told the court that he will challenge the dismissal of the two applications at the Court of Appeal.

Wambui through her lawyer Cecil Miller opposed the planned challenge saying King’ara should wait for the matter to be concluded before rushing to the Court of Appeal, but the judge ruled that it was his right to appeal. The case will continue on 20th August this year.

This article was published by THE STAR on August 7, 2013