Kenya: Raila case cited to block Ndeti

A judge on Monday cited a ruling by the Supreme Court on the March 4 presidential petition to block a petitioner’s bid to introduce new evidence.

High court judge David Majanja, sitting in Machakos, thwarted a move by former assistant minister for Youth and Sports Wavinya Ndeti to introduce new affidavits and witnesses in a case in which she is challenging the election of Dr Alfred Mutua as Machakos governor.

Cord leader Raila Odinga had in March challenged the election of President Uhuru Kenyatta.

In the Machakos case, Ms Ndeti, who unsuccessfully contested the Machakos governor’s seat in the March 4 General Election, wants the court to nullify the results and order fresh election.

Lawyer Mutula Kilonzo Jnr for the governor, had objected to the introduction of fresh evidence in the trial, saying the petitioner had squandered the opportunity to do so during the initial stages of the case.

Mr Kilonzo argued that allowing the petitioner to introduce new evidence would be a set-back.

Justice Majanja agreed with the lawyer and in his ruling yesterday, cited the Supreme Court refusal to allow new evidence brought by former Prime Minister Raila Odinga in his bid to convince the Supreme Court to nullify the election of President Kenyatta.

Ms Ndeti, who is represented by Mr Harrison Kinyanjui, is challenging the Independent Election and Boundaries Commission (IEBC) declaration of Dr Mutua as winner. The former Government spokesman garnered 262,264 votes against Ms Ndeti’s 93,942.

The county has 445,672 registered voters.

Ms Ndeti argues that the defendant posted his campaign posters on paths and roads leading to polling stations on the election day in breach of the Elections Act and Code of Conduct.

She wants the court to nullify the results and the gazette notice making Dr Mutua governor revoked and a repeat of the county governor polls.

“The votes purportedly cast ... are far in excess of the registered voters,” Ms Ndeti argues in the petition, citing in particular Masinga constituency.

Source: http://www.nation.co.ke/News/politics/Raila-case-cited-to-block-Ndeti/-/1064/1878258/-/15nmowlz/-/index.html