Saitoti Appeals Over Election Petition

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Saitoti Appeals Over Election Petition

The Nation (Nairobi)

July 2, 2008

News Article By Sam Kiplagat

Internal Security minister George Saitoti has filed an appeal in court seeking to stop a petition challenging his election.

Through his lawyer Kioko Kilukumi, Prof Saitoti told Mr Justice Kariuki Kihara that he had already filed the appeal in the highest court in the land.

Mr Kilukumi also told the judge that he had filed a petition seeking to stop the proceedings at the High Court until the Court of Appeal case was heard and determined.

The Internal Security minister filed the petition after Mr Justice Kihara dismissed his application to throw out the petition.

In his argument, Prof Saitoti claimed that the returning officer of Kajiado North constituency was not served with the petition papers as required by law.

But in his ruling, Mr Justice Kihara said Mr George Morara went into hiding to avoid being served.

The judge directed the parties to each file and serve their papers before the mention of the case on July 29.

In another case, a witness told Mr Justice Kihara that an ODM supporter tried to influence voters in Starehe constituency during the voting day.

Mr Martin Kihiu told the judge that a man had tried bribing agents with tea and snacks at various polling stations.

The witness claimed that voters were offered Sh500 each to vote.

He was giving evidence in a case in which former Sports minister Maina Kamanda has challenged the election of Bishop Margaret Wanjiru as the MP.

The hearing continues.

Video footage showing alleged incidents of provocations by Public Health minister Beth Mugo during last year's campaigns is likely to be played in court.

Making the application Tuesday, a loser in the Dagoretti Parliamentary election, Mr John Kiarie, claimed that Mrs Mugo stormed his rallies on several occasions and incited her supporters.

Mr Kiarie, who is also a comedian, said that after storming the rallies, Mrs Mugo would take over the campaign and announce that a "joker should not be allowed to become an MP".

While giving his evidence before Mr Justice Luka Kimaru, Mr Kiarie said the video shows such occurrences.

Mr Kiarie also informed the court that he would like to produce video footage of ballot boxes from various polling stations that were not sealed and its forms 16A missing.

The witness also said that Mrs Mugo stormed various polling stations with hundreds of people and demanded that they be allowed to vote, even after the recommended time for voting.

He also said some of her agents dished out money so that people could vote.

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