Wilfred Muchire
16 August 2008
Nairobi — The last 10 months have been bad for former Kirinyaga Central MP Daniel Karaba; he has failed in his bid to be re-elected and lost the petition he filed against the winner.
Now, the Election Commission of Kenya and the man he lost to, Mr John Ngata Kariuki, are demanding more than Sh7.4 million from him as cost of the petition.
Lawyers for the commission and the MP on Friday presented a bill of cost to the High Court taxing master Kennedy Bidali. He is also the deputy registrar in Nyeri where the petition was being heard.
The electoral commission's lawyer William Arusei tabled a Sh3.6 million bill while Mr Kariuki's lawyer Wachira Mare, said the legislator wants Sh3.8 million.
Overruled
The two lawyers made their submissions on the cost after Mr Bidali overruled the former MP's move to have the matter deferred, arguing that the High Court was on vacation.
Mr Paul Wamae, Mr Karaba's lawyer, had filed an application objecting to the hearing of the matter, saying the matter ought to be heard after mid-September when the court resumes.
However, Mr Bidali ruled that his office is not on vacation and is therefore not affected by the vacation rules, allowing the two lawyers to make their submissions.
Both Mr Arusei and Mr Mare are each demanding Sh2.5 million each being instruction fees, Sh1 million being cost of filing application, preparing affidavits, filing and serving the petition plus various miscellaneous costs.
The cost of suit for ECK is enjoined alongside that of the constituency returning officer, Mr James Kariuki Gitahi, who was also named as a respondent.
The petition challenging the election of Mr Kariuki was dismissed on May 28 by Lady Justice Mary Kasango.
Not personally served
Sitting in Nyeri, the judge said the MP was not personally served with the petition papers as required by law.
In a 42 page ruling, the judge said affidavits sworn by a court process server and a businessman claiming that the MP was served as the law stipulates were full of shortcomings and contradictions.
The judge ruled on an application filed by Mr Kariuki who wanted the petition dismissed before full hearing saying it was unconstitutional to have a hearing of a matter that was not effectively executed from the beginning.
Lady Justice Kasango said contradicting information could not be relied on and dismissed the petition. She ordered Mr Karaba to pay costs to the MP, the ECK and the returning officer.
Mr Karaba lost after garnering 16,264 votes against Mr Kariuki's 17,830 votes.
The deputy registrar will make the ruling on how much money the former MP will pay on September 26.
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