6 November 2009
Nairobi — A judge on Friday dismissed an application seeking to compel the Interim Independent Electoral Commission to produce ODM nomination papers for the South Mugirango seat.
Mr Manson Oyongo Nyamweya, through his lawyer Mr Omwanza Ombatin, filed the application before Mr Justice Daniel Musinga on October 21.
He alleged that Mrs Teresia Kiage, who seconded Trade assistant minister Omingo Magara in the nominations, was later employed as presiding officer at Gekongo primary school polling station.
Mr Nyamweya is challenging the election of Mr Magara as South Mugirango MP. On Tuesday, Mr Ibrahim Onyinkwa and Mr Katwa Kigen, representing the IIEC and Mr Magara respectively, had urged Justice Musinga to dismiss the application, saying it was belated and frivolous and that the petitioner was fishing for evidence.
Justice Musinga said the documents are not included in rule 19 of the National Assembly Election petition rules specifying documents to be delivered to court by the returning officer 48 hours before the hearing of a petition.
He said when the petitioner filed his case, should have had related evidence with documents. "The petitioner had enough time to seek production of any documents by the second and third respondents which he thought were vital to his case," said Mr Justice Musinga.
Provisional results from the re-count and scrutiny of poll materials indicated that Mr Magara had 9,815 votes against the petitioner's 6,198. Official results will be released when the hearing resumes on November 11
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