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Kenya: Poll Check Plea to Be Heard
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The Nation (Nairobi)
9 May 2008
Posted to the web 9 May 2008
Eunice Machuhi
Nairobi
An application for scrutiny and recount of all the documents used in Matuga election will be heard today before Mombasa judge Joseph Sergon.
The application, which has been filed by an aggrieved voter, Mr Ayub Juma Mwakesi, through his lawyer Mohammed Balala, seeks a scrutiny of all ballots papers, votes cast and counterfoils.
The petitioner is challenging the election of Matuga MP, and Transport minister Chirau Mwakwere.
Mr Mwakesi's application was adjourned last week after lawyer Gikandi Ngibuini for the MP said he was unwell.
Meanwhile, constant blackouts temporarily halted the hearing of an election petition, which was proceeding before a Mombasa High Court on Thursday, forcing the court officials and litigants to relocate to another court.
Mr Justice Festus Azangalala had to adjourn the hearing on two occasions due to the power failure before the court session moved to the Commercial Court.
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At that time, former Bura MP Mr Ali Wario was in the witness box giving his evidence in the petition filed by Mr Abdulreheman Halakano against the current MP Dr Abdi Nassir Nuh.
Before the adjournment, the former MP had told the court the irregularities by Electoral Commission of Kenya were serious, and cast doubt on some of the documents that were returned without signatures of various party agents.
Mr Wario, the Kanu parliamentary loser, garnered 6,000 votes, while the MP who contested on an ODM Kenya ticket got 6,259 votes.
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