Sam Kiplagatand Wilfred Muchire
6 June 2008
Nairobi — A parliamentary loser has appealed after his petition was thrown out by the High Court.
Mr Nasir Dolal is challenging the election of Mr Duale Bare as the Dujis MP. But his case was struck out after he failed to serve Mr Bare within the time prescribed by law.
According to Mr Dolal, the High Court judge made a fundamental error by believing Mr Bare's oral testimony. He wants the Appeal Court to set aside the earlier ruling delivered on May 12. He is also seeking to have the case proceed to full hearing.
Mr Bare got 9,172 votes while Mr Dolal had 128.
In another case, a handwriting expert is likely to be summoned to shed light on controversial Form 16A entries.
The expert will determine whether the forms for Starehe constituency were filled by the same person. The forms are supposed to be filled by presiding officers at every polling station.
But in Starehe, some of the forms appear to have been filled by the same person.
The revelations were made during the cross-examination of Mr Maina Kamanda who has challenged the election of Bishop Margaret Wanjiru as area MP. Mr Kamanda is seeking re-tallying of the votes cast in the constituency.
In Nyeri, the High Court Thursday handed over to the ECK ballot boxes and election materials for Kirinyaga Central constituency after the petition against the election of Mr John Ngata Kariuki was thrown out last week.
High Court deputy registrar K.A. Bidali handed over 102 boxes with ballot papers and other election materials to ECK on behalf of Lady Justice Mary Kasango who had presided over the petition.
Mr Karaba of PNU was second with 16,264 votes against Mr Kariuki of Ford Asili, who had 17,830 votes.
In another poll petition, a judge ruled that the scrutiny of ballot boxes for the Wajir South constituency will have to wait until the citizenship of the petitioner has been established.
The decision was contained in a short ruling made Thursday by Mr Justice Luka Kimaru at the Milimani Commercial Courts in Nairobi Thursday.
Challenged
The Judge said that since Mr Abdirahman Ali Hassan, whose election is being challenged by Mr Mohammed Sirat says the latter's nationality was a core issue in the petition, the scrutiny has to wait.
He said the case will wait until it has been determined that Mr Sirat is a Kenyan because it would be an effort in futility to proceed with the scrutiny and it later turns out that he is not a Kenyan.
Mr Sirat had successfully applied for the boxes to be opened for scrutiny.
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