The Nation (Nairobi)

Kenya: Reprieve for Saitoti as Poll Case Put Off

5 November 2008


Nairobi — Internal Security minister George Saitoti got a three-week reprieve when a judge postponed the hearing of a case challenging his election as the Kajiado MP.

The case was put off to await the outcome of an appeal that Prof Satitoti has filed challenging a lower court's decision to block his attempt to throw out the poll petition by ODM's Moses Sakuda.

Not ready

Prof Saitoti and Mr Sakuda appeared before Mr Justice Kihara Kariuki yesterday to brief him on the progress of the appeal. And when the learnt that a judgment was pending, Mr Justice Kariuki directed the parties to wait until November 24.

Meanwhile, the hearing of another election petition for the Kirinyaga Central parliamentary seat failed to kick off on Wednesday before Court of Appeal judges.

The case was adjourned after one of the parties said they needed more time to study an appeal application filed last month.

When the case came up before appellant judges Julius Bosire, Riaga Omollo and Daniel Aganyanga, MP Ngata Kariuki's lawyer said he was not ready.

He told the court that he could not proceed as he was objecting to an earlier ruling by Mr Justice Bosire.

Attempts by the petitioner, Mr Daniel Karaba, to have the case heard later in the day failed after Mr Justice Omollo said it was not possible for Mr Justice Bosire to preside over the case since he was the one who issued the contested ruling.

And in Mombasa, another court was told of how the ODM parliamentary loser in Matuga constituency accosted an electoral officer after the officer declared another candidate as the winner.

Lost election

Mr Hassan Mwanyoha, who lost the election, was hostile and almost attacked the returning officer, Mr Ali Maalim, but was stopped by police officers.

Mr Maalim had declared Transport minister Chirau Mwakwere as the winner after leaving out results of Kombani polling station where there was a dispute.

Reported by Sam Kiplagat, Wilfred Muchire and Eunice Machuhi

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