Eunice Machuhi
6 June 2008
Nairobi — Garsen MP Danson Mungatana now says he has new information in the election petition filed against him by a loser in last year's General Election, which he wants brought to the court's attention.
Through his lawyer Cecil Miller, the MP Thursday sought leave to file a supplementary affidavit before arguing his application to strike out the petition, which was scheduled to proceed Thursday.
Locked out
Mr Miller told Mombasa High Court Judge Leonard Njagi that if allowed, he would file the affidavit and serve it to the Electoral Commission of Kenya (ECK) and the petitioner, Mr Hussein Dado, within seven days.
"The court had a duty to allow all relevant facts to be brought before it so that it could determine the matter conclusively," he said.
Mr Gikandi Ngibuini representing the ECK also supported the application, saying that any document that could assist the court over the petition should not be locked out.
However, Ms Julie Aulo, representing the petitioner, opposed the application, saying it should have been filed earlier since there was sufficient time to do so.
Seven days
She also said Mr Miller did not make the request the last time the case was in court, saying "the application was an attempt to patch up holes".
The judge allowed the supplementary affidavit, which should be served on the other parties in seven days.
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