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Kenya: Mandera East Election Loser Withdraws Case
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The Nation (Nairobi)
9 May 2008
Posted to the web 9 May 2008
Sam Kiplagat
Nairobi
Former assistant minister Isaack Shaban has developed cold feet and withdrawn an election petition he filed against Mandera East MP Mohammed Hussein.
The former MP said it was the people he had served for 15 uninterrupted years that suggested the move. He promised to meet the expenses for the publication of the withdrawal notice in the Kenya Gazette.
Mr Shaban was defeated by ODM's Hussein in the last General Election after serving the area for three consecutive terms. He, however, disputed the results, citing election malpractices. In another case, the Electoral Commission of Kenya on Thursday asked an election court to dismiss a petition filed against Public Health minister Beth Mugo, saying the reasons advanced by her opponent were not sufficient.
While arguing the case before Mr Justice Luka Kimaru, ECK's Caroline Kimende said the alleged election malpractices advanced by ODM's John Kiarie were not factual.
Give every detail
She said Mr Kiarie, who failed to capture the parliamentary seat held by Mrs Mugo, raised allegations without saying where and when they happened. Ms Kimende said Mr Kiarie did not also provide the names of persons who witnessed the alleged election malpractices.
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She said it was necessary to give every detail so that the opponent could not be caught by surprise during the trial. Mr Kiarie, through his lawyer, told the court it was not necessary to include every detail in the petition. He said he would reveal such details during the main hearing. Elsewhere, the returning officer for the Kajiado North constituency in the last General Election Mr George Morara on Thursday claimed he was not served with petition papers as required by law.
Mr Morara argued that the petition filed against Internal Security minister George Saitoti by ODM's Moses Ole Sakuda ought to be dismissed.
In the petition, Mr Sakuda claims that his efforts to trace Mr Morara were unsuccessful for some time. He then sought to serve him with the suit papers through local dailies.
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